Brain Injury because of Medical Malpractice
Brain injury is serious Medical Malpractice case. When the physician (neurologist) deviated or departed from accepted community standard of practice, and that such departure was a proximate cause of the patient’s brain injury, in that condition, the patient may bring an action against such physician. In legal term, it is called Medical Malpractice, and in general term, we may say physician’s fault or wrongful act, the error which caused brain injury to the patient.
Birth Related Injuries:
When the physician (obstetrician) deviated or departed from accepted community standard of practice, and that such departure was a proximate cause of the patient’s brain injuries at that condition patient may bring the action against such physician or obstetrician. In legal term, it is called Medical Malpractice, and in general term, we may say it as physician’s fault or wrongful act — the error which caused birth injury to the patient.
Birth Trauma or Birth injury can be divided into two categories:
- Hypoxia and Ischemia:
- First categories are injuries from hypoxia (deficiency of oxygen reaching the tissue of the body), an ischemia (deficient supply of blood to heart or brain due to obstruction)
Injuries from mechanical forces:
- Second categories are injuries from mechanical forces during the process of labor and delivery.
Because of the physician, clinics or hospital negligence or malpractice infant may suffer following injuries:
- Extra cranial injuries such as skin abrasions and hemorrhage between the various layers of the scalp, caput succedaneum, cephalohematoma, subgaleal hemorrhage
- Intracranial, extra-axial hemorrhage such as epidural, subdural or subarachnoid hemorrhage
- Intracranial, intra-axial hemorrhage (i) Cortical contusions, shear force, diffuse axonal injury, or intraparenchymal hemorrhage (ii) Cerebral injury secondary to perinatal hypoxia-ischemia
- Skull injury such as diastasis of the sutures, and calvarial or facial fracture
- Peripheral nerve injury to the face which called facial nerve palsy, and
- Injury to the cervical spinal cord, including the brachial plexus and phrenic nerve.
Please take notice that this is not a legal advice. If you need legal advice, please contact Bhurtel Law Firm.