Serving Pittsburgh & Western Pennsylvania
When there has been a serious brain injury caused by medical malpractice or negligence, the effect on the patient and their family is devastating. An experienced lawyer can help you identify solutions for the long-term physical, emotional, and financial consequences that stem from a serious brain injury. After a 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 and the changes that this injury has caused in their lives. 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.
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.
The Cost of a Medical Malpractice Claim in Brain Injury Cases
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.
Determining Whether There Are Legal Grounds For A Brain Injury Case
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. Read more about the Evaluation of an Anoxic Brain Injury Case.
Time Limits on filing a Medical Malpractice Claim in a Brain Injury Case
There is a statute of limitations on all medical malpractice claims. In Pennsylvania, that statute of limitations is generally 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, such as the Discovery Rule.
Settlements & Awards in Brain Injury Cases
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 costs 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.
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.
If you believe your loved one has sustained a serious brain injury due to medical malpractice or negligence, we urge you to contact us to schedule a free consultation.