Brain Injury & Stroke

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A stroke or cerebral vascular accident (CVA) is a condition in which brain cells die because of a lack of oxygen. A stroke can happen to anyone at any time, but there are certain risk factors which increase the chances of a stroke. Sometimes, if suspected, these risk factors can and should be treated to reduce the chance of a stroke occurring. Some of the risk factors include high blood pressure, atrial fibrillation (an irregular heart rhythm), and carotid artery disease or stenosis (a narrowing of the carotid artery). If these conditions are diagnosed, there are treatments and medications that can reduce the risk of stroke.

The outcome following a stroke depends on which area of the brain has been affected. Some strokes can cause debilitating injuries or even death. Sometimes the effects of a stroke can be reduced if treatment is received immediately. tPA (tissue plasminogen activator) may be used and can help restore blood flow to the affected parts of the brain, but they can only be used within the first few hours immediately after an ischemic stroke has occurred. It is important to seek immediate medical attention. A stroke specialist is in the best position to determine whether tPA can be safely used and order its use in the right circumstances.

Some strokes cannot be predicted or prevented, but some can be, as long as the right tests are done and the right treatments are started. For instance, if someone has atrial fibrillation, the proper use of medication, called anticoagulants, can significantly reduce the risk of a stroke occurring. Similarly, if carotid artery disease is diagnosed, medications or even surgery can help reduce the risk of a stroke. As well, a transient ischemic attack (TIA) can be a warning sign of an increased chance of stroke. A full medical workup might help find a potential problem, which can be treated to reduce the risk of a stroke occurring.

Proper stroke prevention and stroke treatment are essential to reduce the damaging effects that strokes can cause. Sometimes even with the best treatment, a stroke can cause devastating injuries or even death. These events may, depending on the situation, be avoided or greatly reduced with appropriate medical care. Sometimes the failure to diagnose or properly treat a stroke can be medical malpractice or negligence. If you or a loved one has suffered a stroke, call us for a free consultation. We will help you figure out what happened and whether the medical care met the standard required.

There are many other potential causes of acquired brain injury including trauma, infection, cardiac arrest, and hypoxia (lack of oxygen). Sometimes acquired brain injury can occur despite the best medical care. Sometimes the brain injury could have been avoided or its severity reduced with timely or appropriate medical care. The medical malpractice lawyers at Neinstein LLP have investigated and prosecuted numerous acquired brain injury cases from all causes. We understand the medicine and we know the law. We can help you determine whether there is a basis for a claim and assist you in getting the compensation you need. We have the trial experience to prove it.

If your loved one has suffered and acquired brain injury following medical treatment, you should contact a lawyer immediately. We can help.

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Neinstein’s Medical Malpractice team is a highly-specialized, focused group of lawyers ensuring your ultimate care and success.

Few injuries have more potential to change a person’s life than those that damage the brain. A brain injury can fundamentally alter the ability to experience and enjoy the world and, even when the injury is not debilitating, it can have subtle yet profound effects on a person’s physical and mental health.

Though rare, brain injuries can sometimes derive from medical errors or acts of omission. These are known as “acquired brain injuries,” or brain injuries that are not related to a genetic or congenital disorder. In situations where the injury could have been avoided, an experienced medical malpractice lawyer may be able to help the victim and the victim’s family access compensation for their pain and suffering.

Forms of Acquired Brain Injury

Brain injuries can be caused by a wide variety of events and circumstances, including medical errors and negligence.
In some cases, a medical error can lead directly to a brain injury. Obstetrical malpractice lawyers often encounter clients who have suffered hypoxic brain injuries during childbirth, for example. Surgical errors, including improper administration of anesthetic, can also prevent blood or oxygen from reaching the brain, which can cause significant damage.

More often, though, medical malpractice cases involving acquired brain injuries stem from misdiagnoses, delayed diagnoses, and the failure to treat illnesses like carotid artery dissection, pseudotumor cerebri, hydrocephalus, and carotid stenosis. Without effective treatment, these afflictions can lead to strokes and other symptoms that may cause brain injuries.

Can a Medical Malpractice Lawyer Help?

Brain injuries acquired in accidents like automotive collisions or slip-and-fall events are most often handled by a traditional personal injury lawyer. When the injury is the result of a medical error or act of negligence, however, an acquired brain injury lawyer with experience in the medical malpractice field can help.

As with any medical malpractice case, a claim involving an acquired brain injury must meet a certain threshold to be considered viable. Namely, injured patients must prove that a medical professional owed them a standard of care, that the standard of care was not provided, that the injuries occurred as a result of the medical professional’s actions, and that the injuries should have been foreseen and prevented. They must also prove that their injuries caused substantial harm.

Medical malpractice lawsuits in Canada are notoriously complex and challenging. For this reason, most medical malpractice lawyers refuse to accept cases that they are not confident they can win. Contact Neinstein Personal Injury Lawyers to find out whether your case qualifies.

Next Steps

If you believe that you or a member of your family has been injured through medical malpractice, contact an experienced medical malpractice law firm to discuss your options. Look for a firm, like Neinstein Personal Injury Lawyers, that offers no-obligation consultations and works on a contingency basis. Collect as much evidence and documentation as possible to bring to your consultation.
Medical malpractice claims can take years to resolve. For a person recovering from a serious medical injury, pursuing a civil claim can be a daunting burden. At Neinstein Personal Injury Lawyers, we aim to manage every aspect of the legal process while you focus on what matters: your recovery and the recovery of your family.

Contact Neinstein Personal Injury Lawyers

Medical malpractice lawsuits are expensive, time-consuming, and challenging to successfully resolve. That’s why, if you believe that you are entitled to compensation for your injuries, you should enlist the help of an experienced, capable personal injury lawyer with a proven track record of success in the medical malpractice field. Neinstein Personal Injury Lawyers’ team of Toronto medical malpractice lawyers has been representing Ontario’s most vulnerable injury victims for decades. If you need legal help relating to a medical injury, call us today at 1-844-920-4242 or reach us by email at We can also be reached through the Live Chat function available at the bottom right-hand corner of this screen, or via the Contact Us page on this site.

At Neinstein Personal Injury Lawyers, your recovery is our top priority. Call now to learn more.

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