HomeNews Brain Injury & Stroke Understanding Medical Brain Injuries

Mar 05, 2020 in News --> Brain Injury & Stroke

Understanding Medical Brain Injuries

Understanding medical brain injuries

In the personal injury field, most brain injuries are associated with motor vehicle accidents, slip and fall accidents, and other events that fall under the expertise of a general personal injury lawyer. However, brain injuries can also occur in a medical setting, in which case an experienced medical malpractice lawyer is better suited to represent the victim. At Neinstein Personal Injury Lawyers, our dedicated Medical Malpractice Group has significant experience representing individuals who have incurred brain injuries caused by medical errors. Read on to learn more about what causes brain injuries in a medical setting and how our talented and knowledgeable team can help.

Birthing Injuries

Many medical brain injuries occur during labour and childbirth. These are among the most serious brain injuries that a person can suffer, because they tend to have lasting, life-altering consequences.

Most often, brain injuries acquired during childbirth are caused by a lack of oxygen to the brain. This condition is known as perinatal asphyxia, neonatal asphyxia, or birth asphyxia. It can cause a wide range of symptoms, including cerebral palsy, cognitive delays, and permanent physical impairments.

Injuries in Older Children and Adults

Although less common than injuries to newborns, medical brain injuries do occur in older patients. They can be caused by a variety of medical errors, including:

  • Missed or delayed diagnoses, especially of blood clots or strokes
  • Radiology, medication, surgical, or anesthesia errors
  • Hospital acquired infections, especially leading to sepsis or septic shock

How Serious are Medical Brain Injuries?

As with any form of brain injury, medical brain injuries vary in severity. Mild brain injuries may cause cognitive, emotional, or behavioural issues, while more severe injuries can cause paralysis, paraplegia, quadriplegia, serious cognitive and physical impairments, difficulty communicating, and a vast range of other symptoms.

How can a Medical Malpractice Lawyer Help?

Medical malpractice lawsuits are extremely complex and challenging, which is why it is important to enlist the help of an experienced medical malpractice lawyer. In order for a plaintiff in a medical malpractice case to access compensation, their legal team must prove the following:

  • That the plaintiff was owed a duty of care by the defendant medical practitioner
  • That the defendant failed to provide a reasonable standard of care
  • That the defendant’s failure was the proximate cause of the brain injury
  • That the brain injury was a reasonably foreseeable consequence of the failure
  • And that the plaintiff incurred demonstrable damages as a result of the injury

Contact Neinstein Personal Injury Lawyers

If you or a member of your family has been injured at a doctor’s office, clinic, hospital, or other medical facility, contact Neinstein Medical Malpractice Lawyers today to schedule a free, no-obligation consultation with an experienced medical malpractice lawyer. Our team will assess your claim, offer guidance and advice during your recovery, and provide seasoned legal representation throughout the claims process.

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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."