Damage calculations can be problematic for a brain injury victim

A brain injury during birth may foretell a lifetime of additional treatment needs. For example, a recent story highlighted the struggles faced by a 30-year-old man with cerebral palsy.

Notably, the man's twin sister does not share the disability. For that reason, the man attributes his disease not to genetics, but to a birth injury. In many cerebral palsy cases, a common cause is oxygen deprivation during the birthing process.

In addition to physical pain and distress, the man described a number of challenges presented by his condition. Foremost among them were the continual need for physiotherapy and rehabilitation programs to help his developmental progress. Significantly, the man believes that pursuing legal action and compensation for his injury would have provided him with more financial  resources, giving him access to programs that he could not afford in his childhood.

A patient has the right to be treated with the appropriate standard of care. A personal injury law firm can help protect that right, seeking damages for any injuries and sending a strong message to other doctors to discourage similar negligent behavior.

Not surprisingly, bringing a lawsuit for a brain injury will likely require the services of a medical expert. In order to demonstrate that a doctor and/or hospital staff should be liable for a medical error or negligent care, the applicable standard of care must be established. Next, causation between the care received and the patient’s injury must be shown. After gathering evidence regarding the liability phase of the case, a brain injury victim and his or her attorney can focus on the amount of damages that should be pursued.

Source: Huffington Post, “4 Things Children With Birth Injuries And Their Parents Should Know That Could Be Worth Lots Of Money,” Jack Choros, June 27, 2016

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