Brain Injury Overview

Complexities of Brain Injury Malpractice Cases

Brain injury malpractice cases are particularly complex, requiring an in-depth understanding of legal and medical issues. If you believe you have a claim against a negligent healthcare provider, our experienced brain injury attorney in San Antonio can help.

What Types of Medical Malpractice Cause Brain Injuries in San Antonio?

Medical negligence in various forms can cause brain injuries ranging in severity from mild concussion to severe traumatic brain injury (TBI), which may lead to permanent disability or death. A brain injury resulting from medical malpractice typically occurs when a healthcare provider deviates from the expected standard of care. The following are common causes of brain injuries involving medical negligence:

  • Birth injuries: When a medical team fails to monitor the baby’s oxygen levels properly or makes mistakes during delivery, brain injuries can occur in childbirth, leading to severe conditions such as cerebral palsy.
  • Surgical errors: Improper incisions, accidental damage to brain tissue, and inadequate oxygen supply can lead to severe neurological impairment. Surgical errors leading to brain injury can occur during brain, neck, or spinal surgeries.               
  • Delayed diagnosis or misdiagnosis: Failure to diagnose medical conditions promptly and accurately, such as aneurysm, stroke, and meningitis, can lead to irreversible brain damage, as these conditions require timely diagnosis and treatment. 
  • Anesthesia errors: When mistakes are made in administering anesthesia, such as delayed administration or failure to monitor a patient’s vital signs, it can cause brain damage due to hypoxia (oxygen deprivation) and other serious complications.

Common Types of Brain Injuries

Brain injuries can range from mild concussions to severe, life-altering trauma. At Scheuerman Law Firm in San Antonio, we’ve seen a wide variety of brain injuries caused by medical negligence, accidents, and other incidents. Understanding the type of injury is critical in evaluating long-term care needs and pursuing compensation.

Common types of brain injuries include:

  • Concussions
  • Contusions (bruising of brain tissue)
  • Diffuse axonal injury (widespread brain cell damage)
  • Penetrating injuries (caused by objects entering the skull)
  • Anoxic or hypoxic injuries (due to lack of oxygen)
  • Traumatic brain injuries (resulting from impact or sudden force)
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Common Symptoms of Brain Injuries

Brain injuries can cause a wide range of physical, emotional, and cognitive symptoms—some appearing immediately and others developing over time. Early recognition is key to getting proper care and protecting your legal rights.

Common symptoms of brain injuries include:

  • Ongoing headaches or migraines
  • Dizziness, nausea, or vomiting
  • Sensitivity to light or sound
  • Confusion, memory problems, or difficulty concentrating
  • Mood swings, irritability, or depression
  • Blurred vision or balance issues
  • Trouble sleeping or persistent fatigue

If you or a loved one is showing signs of a brain injury after an accident, Scheuerman Law Firm in San Antonio can help you understand your legal options and pursue the compensation you deserve.

Real Client Testimonial

I had the opportunity to speak with Tyler. This man knows his business and understands the complexity of making things happen within the medical malpractice practice. He took the time to explain the circumstances and the realities and guided me through some difficult decision making. If working with somebody who cares about you as a human being matters to you, this is the law practice for you. I believe you can trust them to do the right thing - they aren’t afraid to tell you the hard facts and they do it with compassion and understanding.

L.U.

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What Damages Are Available for Medical Malpractice Brain Injury?

With the costs of long-term care and rehabilitation added to the loss of income, the financial impact of brain injury can be overwhelming for victims and their families. A patient who has suffered brain injury through medical malpractice is entitled to seek damages, which may include the following:

  • Past and future medical expenses: These expenses may include hospital stays, surgeries, medications, rehabilitation, and ongoing care. 
  • Lost wages: A patient prevented from working by brain injury may seek damages for lost wages or income.
  • Loss of future earning capacity: Severe brain injury can significantly diminish a victim’s capacity to earn a living in the future.
  • Pain and suffering: Brain injuries often cause significant physical and emotional pain, impacting the victim’s quality of life.
  • Loss of consortium: Spouses and family members of brain injury victims may seek compensation for loss of companionship and support because of the injury. 

What Is the Legal Process for Seeking Brain Injury Compensation?

If you or your loved one has suffered a brain injury through medical malpractice, your best course of action is to consult with a seasoned medical malpractice lawyer as soon as possible. The legal process in a medical malpractice claim for brain injury involves the following steps:

  • Initial consultation and case evaluation
  • Investigation, gathering evidence, and consulting with medical experts
  • Filing a medical malpractice lawsuit
  • Discovery, during which both parties exchange information
  • Negotiations, with the goal of reaching a fair settlement
  • Trial, if a settlement cannot be reached
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Why Choose Scheuerman Law Firm to Handle Your Brain Injury Case in San Antonio?

Our lawyers are board-certified in personal injury. Attorney S. Tyler Scheuerman has a background in defending doctors and hospitals, which gives our firm a unique advantage in prosecuting medical malpractice claims. We provide bilingual services, personalized attention, and tailored legal strategies. Our firm values are trust, honesty, and dedication to client success. Contact our brain injury lawyers in San Antonio for skilled legal representation and strong advocacy. 

Brain Injury FAQs

What’s the difference between a child and an adult brain injury?

Children’s brains are still developing, which means an injury can affect growth, learning, and behavior differently than in adults. Recovery and long-term care may also vary, requiring specialized medical and legal approaches.

How long do I have to file a brain injury claim?

In Texas, the statute of limitations for most personal injury claims, including brain injuries, is generally two years from the date of the injury. It’s important to consult our team promptly to ensure your claim is filed on time.

Can I still have a brain injury even if my hospital scans are normal?

Yes. Some brain injuries, particularly concussions or diffuse axonal injuries, may not appear on standard scans. Symptoms like memory loss, dizziness, headaches, or cognitive difficulties can still indicate a serious injury.

How is fault proven in a brain injury case?

Fault is established by showing that another party’s negligence or misconduct caused the injury. Evidence can include medical records, accident reports, witness statements, expert testimony, and documentation of damages.

How are brain injuries usually treated?

Treatment varies depending on the severity and type of injury. It may include medication, physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, or surgery. Long-term care planning is often necessary for severe injuries.

What if my symptoms appeared days after the accident?

Delayed symptoms are common with brain injuries. Documenting all symptoms and medical visits is crucial for building a strong case. Our team can help connect the injury to the incident, even if symptoms appeared later.

Will my case go to trial?

Not all brain injury cases go to trial. Many are resolved through settlement negotiations. However, if a fair settlement isn’t possible, Scheuerman Law Firm is prepared to take your case to court to pursue full compensation.

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