When it comes to brain injuries, many readers may think of causes like a slip and fall, a car accident or other types of head trauma involving an external force. However, it is important that understand that brain injuries can also result from other types of negligence.
Acquired brain injures are one type of condition not caused by external forces. If a doctor or other medical professional misdiagnosed or failed to properly treat a patient, one of the resulting injuries might involve the brain.
In the specific example of a stroke, time is of the essence. If a doctor failed to restore oxygen to the patient’s brain, permanent brain damage might result. In that instance, it would most likely be up to a jury to determine whether the doctor’s actions were negligent or otherwise failed to rise to level of professional care expected of other medical professionals in that context. In a hospital setting, such a lawsuit might be a medical malpractice claim. In a nursing home, however, the claim might be one alleging nursing home abuse.
Of course, safety precautions against external forces or environmental hazards must also be addressed in a nursing home. The standard of care in that assisted living environment is not the same as other residential facilities, due to the elderly age of the occupants. In our next post in this two-part series, we explore the ways in which liability might arise against a nursing home facility and/or its employees.
Source: FindLaw, “Types of Brain Injury,” copyright 2015, Thomson Reuters
