Brain injuries are among some of the most traumatic and devastating injuries that one can sustain.
They are also more common than you might expect.
According to the Centers for Disease Control and Prevention (CDC), there were approximately 2.87 million traumatic-brain-injury-related emergency department visits, hospitalizations, and deaths in the United States in 2014 alone.
A severe brain injury can have a significant impact on a victim and their family.
Between medical expenses, time away from work, and emotional trauma, working toward recovery can feel like an uphill battle.
But don’t give up hope—know that you don’t have to go through this alone.
Thus, we know how to navigate the complexities of a claim related to a brain injury.
Let’s discuss your case and see what we can do to help you recover.
What Is a Traumatic Brain Injury?
The CDC defines a traumatic brain injury (TBI) as a “disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” TBI effects vary, and range from subtle to obvious and tragic.
TBI is a major cause of death and disability in the United States and can have lasting impacts on individuals and their families.
What Are Common Causes of a TBI?
TBI can result in a variety of circumstances. Examples of situations that may result in TBI include:
- Being struck by or against an object,
- Motor vehicle crashes, and
- Medical malpractice.
No matter the situation, the fact remains that TBI is a severe injury that can change your life. Consider contacting a Las Cruces, NM, brain injury attorney to help you on the pathway toward recovery.
What Are Signs of a TBI?
Failure to promptly recognize a brain injury can often lead to even more severe impacts. Thus, it is important to know and recognize the signs of TBI.
Common signs and symptoms of TBI include:
- Memory loss,
- Ringing in the ears,
- Slurred speech,
- Loss of motor function,
- Nausea and vomiting,
- Agitation or combativeness, and
- Anything that resembles a stroke.
If you or a loved one is experiencing any of the above symptoms, this might be cause for concern. Make sure to seek medical attention immediately.
Traumatic Brain Injuries and Medical Malpractice Claims
There are many causes of traumatic brain injuries. However, one of the most common causes is medical malpractice.
Medical Malpractice and Elements of Liability
As a general matter, a medical malpractice claim is a type of negligence claim. Under a negligence theory of liability, a claimant must be able to prove the existence of four elements:
- Causation, and
Essentially, the victim (and her/his lawyer) must be able to prove that the negligent party breached their duty of care by failing to act reasonably under the circumstances.
Then, the victim must also prove that this breach caused the victim to suffer damages as a result.
What Constitutes Negligence in a Medical Setting?
In the medical context, you must specifically be able to show that a medical provider breached their duty of care to the plaintiff.
This means that you must prove that the provider failed to act with the same level of ordinary care and skill that a reasonably prudent professional would have used under the same or similar circumstances.
For example, if a medical professional fails to diagnose a patient’s condition or fails to provide timely care, and this failure results in brain injury to the patient, that medical professional may be liable for medical malpractice.
Who May Be Responsible in My Brain Injury Medical Malpractice Case?
Under New Mexico law, a medical malpractice case may be brought against any responsible health care provider. Healthcare providers might include:
- Doctors of any specialty (whether MDs or DOs),
- Hospitals and their employees,
- Clinics and their employees,
- Physician Assistants,
- Nurse Practitioners,
- Nurses, and
- Any other Staff and Employees of the above entities.
If the negligence of any healthcare provider contributed to your brain injury, contact a Las Cruces, NM, brain injury attorney today to discuss your options for recovery.
How a Las Cruces, NM Traumatic Brain Injury Attorney Can Help
Dealing with a brain injury can be overwhelming, especially when your injury is the result of medical malpractice that could have been avoided.
If you don’t know where to begin, contact an attorney for your brain injury case in Las Cruces as soon as practicable. An experienced Las Cruces, NM brain injury attorney can help you:
- Collect valuable evidence and information;
- Assess your claims and determine what damages you may be able to recover;
- Negotiate with opposing parties; and
- Prepare to take your case to trial when necessary.
People often worry about the cost of hiring an attorney. However, having an attorney in your corner is actually one of the best things you can do for your case.
A knowledgeable medical malpractice attorney can help you navigate your case and fight for your rights.
Contact a Brain Injury Lawyer in New Mexico Today
Sustaining a brain injury can be scary and traumatizing, especially in the medical context.
When you engage a professional to provide medical services, you expect that they will do so skillfully, reasonably, and with extreme care.
In fact, medical professionals have a legal duty to adhere to this standard of care.
Unfortunately however, sometimes medical providers do not meet this standard.
When this happens, know that you have rights and we want to help.
At Poulos & Coates, LLP our team of trial lawyers focuses specifically on medical malpractice claims.
We have extensive resources and an in-depth understanding of this particular area of the law.
Not only will we help you prepare your case for trial, but we also have a medical doctor and nurse on staff to help evaluate your claims and prosecute your lawsuit.
If you have questions about your potential case, contact our Las Cruces, NM brain injury attorneys today for a free consultation.
We have been serving clients throughout New Mexico for 70 years, and we look forward to discussing your potential claims with you too.