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Providing skilled representation to those who have suffered a brain injury in Washington D.C. or Maryland

The Centers For Disease Control and Prevention reports that nearly 1.7 million Americans suffer a traumatic brain injury every year. While most people think of car crashes and sports accidents in regard to brain injuries, these severe injuries could also result from a serious medical mistake. A catastrophic error may happen in the emergency room, on the operating table, or anywhere else a healthcare professional fails to provide acceptable care to the patient.
If you or a loved one have suffered a brain injury due to medical malpractice and are coping with the accompanying financial and emotional pressures, call Schochor, Federico and Staton’s experienced Baltimore medical malpractice attornies today. You may be entitled to compensation under Maryland’s medical malpractice law. We can properly assess your situation, while advising you and your family on the next steps. Call Schochor, Federico and Staton, P.A. today at 410-234-1000 to speak with a member of our legal team. From our multiple offices, we serve clients in Washington D.C., Baltimore, and throughout Maryland.

Brain injuries as the result of medical malpractice

A brain injury could occur under a variety of circumstances in a healthcare setting:

  • During labor and delivery
  • As the result of a medication error or overdose
  • During a brain tumor surgery
  • Due to a misdiagnosis or failure to diagnose of a stroke
  • Because of hospital-acquired infections
  • From a heart attack

Traumatic brain injuries (TBIs) are caused by a sudden blow to the head. If a doctor fails to adequately treat a TBI and you suffer further brain damage as a result, contact one of our medical malpractice attorneys who can help you take legal action.

Brain injuries during birth

A serious injury to the brain may have lifelong, devastating consequences, particularly for an infant. Our malpractice lawyers frequently see brain injuries caused by errors in the labor and delivery room. If the infant is hurt, does not receive enough oxygen, or is injured by an instrument such as forceps or a vacuum, serious brain injuries could result:

  • Hypoxic ischemic encephalopathy
  • Caput succedaneum
  • Cephalohematoma
  • Subdural hemorrhage
  • Subarachnoid hemorrhage
  • Epidural hemorrhage

Determining negligence as the basis of medical malpractice claims

Whether or not an injury qualifies as a viable medical malpractice case revolves around the likelihood of negligence being proven. In order for a lawsuit to be successful, you must be able to prove that a healthcare provided acted with a level of negligence that directly caused your injury. In general, there are four criteria used to establish negligence in a brain injury case:

  1. Duty of Care. Duty of care is the legal term for the level of care every individual is required to show in any given situation. This includes things such as adhering to the rules of a sports game, adhering to traffic laws while operating a motor vehicle and ensuring all building structures are up to date and in compliance with building codes. If a proper level of duty of care is shown to be missing, this person can be found negligent and at fault for your injury.
  2. Reasonable Care. The refers to situations in which a party fails to act with reasonable care with the victim. Reasonable care is similar to the Duty of Care concept in that it refers to the level of safety precautions any reasonable human would be expected to uphold in any given situation.
  3. Direct Cause. This means that you are able to prove that the actions of a party directly caused your injury. For example, if a driver runs a red light and barrels into your car causing injury to the brain, this driver’s action would be determined to the direct cause of your injury and they would be held liable.
  4. Measurable Injuries. In order for a brain injury medical malpractice case to be viable under the current law, the victim’s injuries must be measurable. This means that there must be valid documentation of the injuries, the injuries sustained must be tangible and medically recognized and must be great enough to warrant financial compensation (either because of the resulting lost wages, the cost of medical bills directly associated with the injury, significant pain and suffering, or a decrease in the quality of life).

Our firm has substantial experience litigating these serious cases. In one example, we obtained more than $6 million on behalf of an infant who sustained a serious brain injury during delivery.

Experienced lawyers in Baltimore and Washington D.C. are ready to take your call

If you or a family member has suffered a brain injury that meet the above criteria, you are entitled to financial compensation for lost wages, medical bills, physical pain, and emotional distress. The key to a successful litigation is finding a Baltimore or medical malpractice attorney experienced in brain injury cases. The legal team at Schochor, Federico and Staton, P.A. have over 30 years of successful brain injury litigations under their belt and are here to help. Call 410-234-1000 today to speak with one of our attorneys. We compassionately review your case, guide you in collecting the needed documentation and litigate on your behalf. There is no need to suffer alone.