Common Medical Mistakes Leading to Brain and Spinal Cord Injuries
In medical malpractice cases, permanent injury to the brain and spinal cord are often traced to one or a combination of three causes:
- Compression due to swelling or pressure
- Lack of oxygen-rich blood to the brain or spinal cord (anoxia)
- Bleeding and hematomas
Brain injuries due to compression of the nerves and structures of the brain
Changes in pressure within the brain can cause delicate structures of the brain to shift within the skull. Increased pressure can cause brain structures within the skull to shift out of place. This can lead to compression or damage to blood vessels or other portions of the brain such as the cerebrum, ventricles, the cerebellum, or brain stem.
Common medical errors involving the misdiagnosis or delayed diagnosis of swelling or pressure in the brain include:
- The failure to timely diagnose and treat stroke
- Delayed diagnosis and treatment of brain infections, including infections of the lining of the brain known as meningitis and encephalitis
- The failure to examine the retina and optic disc of the eye to identify early signs of increased intracranial pressure
- The failure to perform radiology studies to diagnose benign brain tumors compressing the brain or nerves in the brain
- Delayed diagnosis and treatment of an abnormal build-up of cerebral spinal fluid in the brain, a condition known as hydrocephalus, including the failure to diagnose and treat complications of brain shunts
- Failure to properly manage increased swelling or hemorrhage within the brain or subarachnoid space due to traumatic brain injury
The lawyers of Lupetin & Unatin have successfully handled medical malpractice lawsuits involving severe injury to the brain. Examples include:
- 8-million-dollar verdict for a 41-year-old man who suffered permanent brain injury from the delayed treatment of a severe allergic reaction to MRI contrast;
- 6-million-dollar settlement for a 34-year-old man who suffered anoxic brain injury from the delay in diagnosis of cardiogenic shock due to blood around his heart;
- 75-million-dollar settlement for 24-year-old woman who suffered partial blindness from the delayed diagnosis of a brain tumor
To learn about medical malpractice due to a decrease in pressure in the brain as opposed to increased pressure see Medical malpractice from a complication of spinal surgery – dural tears leading to intracranial hypotension.
Anoxic Brain Injuries – Lack of Blood Flow and Oxygen to the Brain
Brain injuries caused by the lack of oxygen rich blood are known as anoxic brain injury. Anoxic brain injuries are often the result of unexpected yet common medical emergencies such as cardiopulmonary arrest and stroke. Doctors and hospitals may be held liable for medical malpractice causing anoxic brain injury in the following circumstances
- The failure to timely diagnose ischemic stroke and administer treatment within a 3-to-6-hour window for preventing permanent brain injury
- Improper management or monitoring of patients on anticoagulation medication
- The failure to diagnose deep vein thrombosis, or blood clots, in the veins of the leg or other parts of the body. These blood clots can travel to the lungs or the brain
- The failure to identify and treat breathing difficulties due to sudden and severe allergic reactions
- Delayed diagnosis of respiratory distress in hospitalized patients, whether by failure to appreciate abnormal vital signs, ignoring alarms on heart monitors or other warning signs of impending cardiopulmonary arrest
- Negligent treatment which increases the risk of ischemic stroke from blood clots. The risk of increased stroke in the setting often comes from the failure to diagnose and properly treat heart arrhythmias, including atrial fibrillation or a-fib
- The failure to diagnose and treat severe infections of the tissue surrounding the airways, including tissues in the mouth, jaw or neck. Ludwig’s Angina is a form of infection surrounding the airway which can quickly cut off a patient’s ability to breathe.
- Negligent intubation of patients suffering respiratory distress, including esophageal intubation and the failure to properly manage difficult intubations
Bleeding and hematomas
Permanent brain injury often arises due to medical errors in diagnosis or treatment of bleeding and hematomas. Medical malpractice in the context of brain bleeds or hematomas might arise in the following situations:
- Delayed diagnoses and treatment of aneurysmal stroke;
- The failure to perform or interpret proper radiology imaging of the brain, such as CT or MRI
- Mismanagement of subdural or subarachnoid hematomas
- Improper management of traumatic brain injury