Pittsburgh Brain Injury Attorneys

Brain Injuries Caused By Medical Malpractice Or Negligence

When there has been a serious brain injury caused by medical malpractice or negligence, the effect on the patient and their family is devastating. There are long-term physical, emotional, and financial consequences that stem from a serious brain injury. The patient's life and body have been irrevocably altered. The family has to cope with the mental and emotional fallout of the injury that their loved one has suffered, and the changes that this injury has caused in their lives. In addition, there are financial consequences which may include loss of wages, physical and personal care, retrofitting of the home to accommodate the patient, or the cost of a long term care facility. Our job as attorneys is to recover financial damages for the patient and their family to meet these economic challenges.

We have compiled a list of commonly asked questions pertaining to brain injuries due to medical malpractice or negligence. If your questions are not answered here, or if you are not sure if you need to talk to a lawyer, we invite you to contact us and schedule a free consultation.

• What is your firm's experience handling serious brain injury claims?
• How do I know if I need to talk to a medical malpractice attorney about a brain injury?
• How much will it cost to speak to an attorney in your law firm?
• How do you determine whether or not we have a brain injury medical malpractice claim?
• From the time that I meet with an attorney, how long will it take for you to get me the help that I need?
• Will I have to go to court?
• How is a settlement amount determined?
• Is there a limit on the time I have in which to file a claim when there has been a brain injury?
• Do I need to provide medical records?
• Can the victim be compensated for pain & suffering?
• What if the person who suffered this brain injury has died?
• What if the person who suffered this brain injury was a homemaker and will not suffer loss of income?
• Can you recommend any other resources?
• Can you provide us with examples of medical malpractice cases you have handled?

 

Q. What is your firm's experience handling serious brain injury claims?

A. For over 35 years, Jerry Meyers and Charles Evans have been helping victims of medical malpractice and personal injury, including people that have suffered brain damage due to oxygen deprivation, infection in the brain, or physical trauma to the skull.

Q. How do I know if I need to talk to an attorney about a brain injury?

A. There are risks involved in undergoing medical procedures. Not all brain injuries are preventable.  However, unexpected brain injury occurring as a result of surgery or in the course of a hospital stay requires an explanation. You have the right to answers. If your doctor is not answering those questions or is unable to explain the cause of the injury, contact an attorney with experience handling brain injury medical malpractice claims. 

Q. How much will it cost to speak to an attorney in your law firm?

A. Our legal consultations are always free unless we recover money for you. During the course of our investigation into your brain injury claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to return any of the costs incurred associated with your case. This is called the Contingent Fee.

Q. How do you determine whether or not we have a brain injury claim?

A. The process of determining whether you have a claim begins with an in-depth interview of the victim (when possible), family members, and any other person who has knowledge of what care was provided. Simultaneously or shortly thereafter, we perform intensive research both in our thousand+ volume medical library and on internet sites mostly subscribed to by physicians and hospitals. What we find during this stage determines whether or not we should pursue further investigation into your potential claim of medical malpractice.

The next stage includes retrieval of medical records, including X-Rays, CT Scans, ultrasounds or any MRIs. 

If at this point we have reason to believe standards of care have been violated and the brain injury was caused by medical malpractice, we consult with independent experts to confirm our beliefs.

Q. From the time that I first contact your office, how long will it take for you to get us the help that we need?

A. The time required both to investigate and if appropriate to litigate (pursue a lawsuit) a medical malpractice claim is extremely variable. It depends on factors such as the difficulty of recruiting experts in particular specialties, the volume of medical records to be analyzed, and the index of suspicion that our early investigation generates, in most cases, in excess of a year or more.

Q. Will I have to go to court?

A. It is uncommon that a trial is required in medical malpractice cases, most cases are settled outside of the courtroom. Settling your claim outside of a courtroom is to your advantage because the settlement of a claim permits the victim or their family to have direct input into the solution that is crafted as opposed to awaiting the decision of twelve strangers (the jury.)

Q. How is a settlement amount determined?

A. The following factors are considered when determining and agreeing upon a settlement amount.

• Establish the full extent of the brain injury.
• Determine the future needs of the victim, including expected medical costs and cost associated with living with the injury, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
• Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
• Consider the risks associated with trial and compare those risks for both the victim and the defendant physicians and nurses or hospital.

Q. Is there a limit on the time I have in which to file a claim when there has been a brain injury?

A. Yes, there is a statute of limitations on medical malpractice claims. In Pennsylvania, in general that statute of limitations is two years from the time of the injury. If the victim is a child, the Minors Tolling Statute applies, which states that the claim must be filed within two years of the victim turning 18. There are other exceptions.  Learn more about PA statutes of limitations.

Q. Do I need to provide medical records?

A. No, our attorneys will retrieve your medical records. Any documentation you have pertaining to the  hospital stay during which the brain injury was sustained should be considered important.

Q. Can the victim be compensated for pain & suffering?

A. In most brain injury cases where medical malpractice has caused the injury the victim can be compensated for pain and suffering based on the physical pain and emotional anguish they suffer as a result of their injury. Read more about pain and suffering. 

Q. What if the person who suffered this brain injury has died?

A. If the patient has died, in addition to medical malpractice claims, you may also have wrongful death and survival action claims.

Q. What if the person who suffered this brain injury was a homemaker and will not suffer loss of income?

A. In cases where the victim is a homemaker, the law allows for what is called "Value of a Homemaker" which defines the financial damage based on the value of the services this person provided to the family and household. Read more about Value of a Homemaker.

Q. Can you recommend any other resources?

A. Winning a medical malpractice case takes time. We understand that in the meantime, you still have to survive – there are medical bills and regular costs of living that you need to attend to. Whenever possible, we will help you to find the resources you need to accomplish these things. We have helped people receive financial assistance from public agencies and care for the patient,  while their claim is being investigated, processed, and resolved.

Q. Can you provide us with examples of medical malpractice cases you have handled?

A. We can provide you with broad examples of the types of brain damage & injury cases we have handled, but due to a Pennsylvania Law called MCARE we cannot legally provide you with specific details including names of victims, doctors, hospitals, and settlement amounts.