Baltimore Medical Malpractice Lawyers Representing Victims of Traumatic Brain Injuries
Suffering a traumatic brain injury due to medical malpractice can be a devastating and life-altering experience. Suddenly, you or a loved one may face physical and cognitive challenges, overwhelming medical expenses, and an uncertain future. In such difficult times, it’s crucial to seek justice and compensation to help you overcome the challenges ahead and rebuild your life.
By working with Peter Angelos Law, we will guide you through the legal battle for a brain injury victim, the devastating impact of brain injuries due to negligence, and the importance of working with Baltimore medical malpractice lawyers representing victims of traumatic brain injuries. Our team is dedicated to helping you navigate the complex legal process with compassion and experience, ensuring you receive the compensation you deserve. Call us at 410-705-2405 for a free consultation, and let us be your advocates in seeking justice for brain injury victims.
The Legal Battle for Brain Injury Victims
Brain injuries caused by medical malpractice are complex cases that require a significant understanding of the legal and medical aspects involved. Victims of brain injuries may be eligible to recover compensation for their suffering and loss, including medical expenses, lost wages, and non-economic damages such as pain and suffering, emotional distress, and financial losses. However, to successfully recover these damages, it’s vital to prove that the acquired brain injury was directly caused by medical negligence.
Establishing medical malpractice as the cause of a brain injury involves:
- Identifying the healthcare professional’s negligence or failure to meet the standard of care
- Understanding the types of traumatic brain injuries
- Working with an experienced brain injury lawyer to seek justice
If the breach in duty of care caused an injury or the worsening of an illness, it might be classified as medical malpractice. This is laid out in state statute Maryland Annotated Code, Courts and Judicial Proceedings §3-2A. The Medical Malpractice Act states: “All claims, suits, and actions … by a person against a health care provider for medical injury allegedly suffered by the person … are subject to and shall be governed by the provisions of this act”.
Identifying Medical Malpractice as the Cause
Medical malpractice occurs when a healthcare professional’s substandard behavior or failure to meet the standard of care results in harm to the patient, such as a brain injury. The standard of care refers to the degree of care that a reasonably skilled and competent medical provider with a similar degree of experience would provide in similar circumstances.
Evidence demonstrating the healthcare provider’s deviation from the accepted medical standard of care, leading directly to the injury, is necessary to assert that a brain injury resulted from medical malpractice.
Examples of negligence or failures that could result in brain injuries during medical care include:
- Delayed diagnoses
- Surgical mistakes
- Missed diagnosis
- Anesthesia errors
- Medication errors
Collecting evidence and securing professional testimony is key in determining the standard of care and the healthcare provider’s departure from it.
Types of Traumatic Brain Injuries in Medical Malpractice Claims
Traumatic brain injuries (TBIs) can occur in a variety of situations, ranging from mild to severe. In medical malpractice claims, acquired brain injuries, which are not congenital or hereditary, may be attributed to medical malpractice due to trauma inflicted on the brain when a brain injury occurred.
The Role of an Experienced Brain Injury Lawyer
A seasoned brain injury lawyer can assist victims of medical malpractice by navigating the complex legal process, gathering relevant evidence, and advocating for their rights. They can help victims recover their losses and obtain full compensation for economic and non-economic damages.
A brain injury lawyer managing a medical malpractice case typically proceeds through several key steps. These include:
- Initial consultation
- Detailed investigation
- Procuring and evaluating medical records
- Determining accident responsibility
- Collecting substantial evidence
- Negotiating with the opposing party or their insurer for a fair settlement
- Representing the client in court while advocating for their rights
Engaging with a competent lawyer can greatly enhance the likelihood of a positive result in a brain injury case.
The Devastating Impact of Brain Injuries Due to Negligence
Brain injuries due to negligence can have far-reaching consequences, affecting not only the victim’s physical and cognitive abilities but also their financial well-being. Those who have suffered brain injury can find it challenging to work, maintain relationships, and enjoy life, while the financial stress of medical treatment and care can be overwhelming for both the victim and their family.
To fully grasp the impact of negligence-induced brain injuries, it’s beneficial to consider the physical and cognitive effects of these injuries and the financial burden they can impose.
Physical and Cognitive Consequences
The physical consequences of brain injuries can be wide-ranging and include:
- Mobility and movement difficulties
- Weakness or paralysis
- Balance and dizziness issues
- Sensory impairments
- Physical damage to the brain such as bruising, torn tissues, and bleeding
These physical impacts can make everyday tasks challenging and significantly affect the victim’s quality of life.
The cognitive effects of a traumatic brain injury can also be profound, leading to difficulties in learning and remembering new information, as well as impairments in attention and executive functions. These cognitive challenges can make it difficult for victims to maintain employment, manage finances, and engage in social interactions, further compounding the devastating impact of a brain injury.
Financial Stress of Medical Treatment and Care
The financial burden of medical treatment and care for brain injury victims can be substantial, making it essential to pursue compensation through a legal claim.
Costs associated with brain injuries can include:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Other measurable financial impacts
These costs can range from tens to hundreds of thousands of dollars.
Furthermore, the potential long-term financial ramifications of sustaining a brain injury can be significant, such as:
- Ongoing medical expenses
- Reduced financial decision-making capability
- High treatment costs
- Decreased financial management autonomy
Seeking compensation through a legal claim can help alleviate some of the financial stress and provide much-needed support to victims and their families.
Navigating the Legal Process With Compassion and Experience
Navigating the legal process with empathy and experience is key to obtaining a positive result in a brain injury case. This involves:
- Filing a claim for compensation
- Proving negligence and liability
- Working with an experienced brain injury lawyer who understands the complexities of the legal system and the unique challenges faced by brain injury victims.
With a clear comprehension of the legal process and assistance from a competent lawyer from Peter Angelos Law, victims can optimize their chances of securing deserved compensation and receiving the necessary support and care to surmount the challenges brought on by their brain injuries.
Filing a Claim for Compensation
Filing a compensation claim is the first step in seeking justice for a brain injury caused by medical malpractice. In Maryland, the process typically involves assessing the plaintiff’s medical records, including physician’s notes and therapy records. The necessary documents to file a claim may include:
- Medical records and bills
- Lost wages documentation
- Doctor’s notes
- Income documentation
These documents are essential to validate your injury claim and demonstrate the magnitude of your losses.
One should be aware that a statute of limitations applies when filing a brain injury claim in Maryland. Medical malpractice claims must be lodged within less than five years after the malpractice took place or three years after its discovery, enabling victims to seek justice and compensation for their damages.
Proving Negligence and Liability
To succeed in a brain injury case, it’s vital to prove negligence and liability. This requires demonstrating that the healthcare provider failed to meet the standard of care and that their actions directly caused the injury. In Maryland, negligence is defined as a healthcare provider’s failure to provide the standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances.
Evidence can be presented to demonstrate that the healthcare provider deviated from the accepted medical standard of care and that this deviation caused harm to the patient. Professional testimony is often necessary to establish the standard of care and to prove the healthcare provider’s deviation from it.
By demonstrating negligence and liability, victims can secure compensation for their suffering and loss, which includes medical expenses, lost wages, and pain and suffering.
Recovering Damages for Your Suffering and Loss
Recovering damages for your suffering and loss is an essential part of seeking justice for a brain injury caused by medical malpractice. This involves understanding the difference between economic and non-economic damages and working with a skilled lawyer to maximize your compensation. Economic damages cover financial losses such as medical expenses and lost wages, while non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life.
Through precise damage assessment in your case and collaboration with a seasoned brain injury lawyer, you can ensure receipt of deserved compensation and access to the financial resources needed to rebuild your life and tackle the challenges imposed by your brain injury.
Economic vs. Non-Economic Damages
Economic damages refer to financial losses, including medical expenses, lost wages, and rehabilitation costs, among others. These damages can be objectively calculated, making them easier to quantify and present in a legal claim. In contrast, non-economic damages encompass pain and suffering, emotional distress, and loss of enjoyment of life. These damages are not quantifiable and do not have a precise monetary value, making them more challenging to assess and present in a legal claim.
Despite the challenges associated with assessing non-economic damages, they can play a crucial role in compensating victims for the intangible losses they have experienced as a result of their brain injury. Collaborating with a well-informed lawyer from Peter Angelos Law allows victims to comprehend the difference between economic and non-economic damages better and enhances their chances of obtaining the compensation they deserve.
Your Legal Rights and Options Explained
Understanding your legal rights and options is crucial for navigating the complex legal process involved in seeking justice for a brain injury caused by medical malpractice. Gaining knowledge about Maryland’s medical malpractice laws and collaborating with an informed lawyer can help you comprehend the legal process more effectively and safeguard your rights throughout your case.
Understanding Maryland’s Medical Malpractice Laws
Maryland’s medical malpractice laws govern the process of filing a claim, establishing negligence, and determining the amount of compensation a victim can receive. The statute of limitations for medical malpractice cases in Maryland is typically three years, although certain exceptions may apply.
To successfully prove negligence and liability in a brain injury case, it’s necessary to demonstrate that the healthcare provider’s mistake or negligence directly caused the injury and harm.
Recognizing the main elements of Maryland’s medical malpractice laws enables you to navigate the legal process more efficiently and collaborate with a competent lawyer to protect your rights and secure the compensation you deserve for your suffering and loss.
Proven Brain Injury Lawyers
Medical negligence can forever change the lives of victims and families. This is especially true in medical malpractice cases that involve traumatic brain injuries. As victims of traumatic brain injuries are most often left with permanent disabilities and the need for long-term care, the emotional repercussions families and loved ones experience are nearly indescribable. When you consider the fact that long-term assistance, therapy, and other forms of costly medical treatment may also be required, it becomes clear that traumatic brain injuries can impact nearly every aspect of victims’ and families lives. Traumatic brain injuries may result from several situations and medical misadventures, including:
- Misdiagnosis of a serious condition, including stroke
- Surgical errors
- Birth injuries
No matter what the cause of a traumatic brain injury may be, the need for achieving justice and compensation is of the utmost importance. At Peter Angelos Law, our attorneys fully understand the severity of these situations, and we draw from our extensive experience, legal knowledge, and firm resources to provide the highest quality and most effective representation possible. Whatever your needs may be, you can trust our firm to guide you through these troubling times.
Experienced Attorneys Who Can Handle Complex Claims
There is no escaping the fact that medical malpractice claims can be filled with complexities and heated disputes among healthcare providers. In cases involving traumatic brain injuries, these stakes are elevated, and the emotional nature of these legal proceedings is extremely potent. Knowing that we possess the capability and determination to make a real difference in the lives of medical malpractice victims, our firm truly devotes our talents to obtaining justice and full compensation on your behalf, regardless of the difficulties involved in your case.
With billions of dollars in compensation recovered for our clients and intimate experience in navigating through the medical malpractice claim process, you can place your trust in our firm to deliver the results you need and deserve.
Contact Peter Angelos, Your Advocate for Traumatic Brain Injury Victims
Seeking justice for brain injury victims caused by medical malpractice is a complex and challenging process that requires a significant understanding of both the legal and medical aspects involved. Working with an experienced brain injury lawyer like Peter Angelos Law can help victims navigate the legal process, recover compensation for their suffering and loss, and ensure that their rights are protected throughout their case.
With a reputation for success, over 50 years of experience, and a commitment to supporting the community, Peter Angelos Law is the right choice for those seeking justice for brain injuries caused by medical malpractice. Don’t let the devastating impact of a brain injury define your future – contact us today and take the first step towards seeking the justice and compensation you deserve.
By placing your trust in Peter Angelos Law, you can be confident that your case will be managed with extreme care and professionalism. Our extensive experience and commitment to our client’s well-being make us the right choice for those seeking justice for brain injuries caused by medical malpractice. As Baltimore brain injury lawyers, we are here to help. Contact us today at (410) 705-2405 for a free consultation to discuss your case and explore your legal options.
Frequently Asked Questions
What is the life expectancy of someone with TBI?
On average, individuals with a TBI have a life expectancy that is 8 years lower than those without TBI. About 50% of people with TBI experience further decline in their daily lives or die within 5 years of their injury.
What condition is a patient with a traumatic brain injury most likely to suffer from?
People with traumatic brain injury (TBI) are likely to suffer from a wide range of physical and mental conditions, such as permanent brain damage and disabilities, anxiety, depression, PTSD, Parkinson’s disease, Alzheimer’s disease, dementia pugilistica, posttraumatic epilepsy, headache, fatigue, sleep disturbance, balance problems, pituitary dysfunction, seizures, and vision abnormalities.
Can people recover from a brain injury?
Yes, people can recover from brain injuries, although it may take minutes to several months or even years, depending on the severity of the injury. While some individuals may be able to return to their previous level of functioning, others may require lifelong care and experience long-term effects such as Parkinson’s disease, Alzheimer’s disease, and other forms of dementia.
How much money can you get from a traumatic brain injury?
The amount of money you can receive from a traumatic brain injury settlement can vary, but the average is typically between $700,000 and $1.2 million. This is on a case-by-case basis.