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The Vagaries of Brain Damage Make Lawsuits Challenging

Mellino Law Firm

Brain damage is highly individual. No two cases are alike, which makes a Cleveland medical malpractice lawsuit a significant challenge.

There are almost as many ways of sustaining a brain injury as there are grains of sand on a beach. It occurs in many ways, but typically speaking, it is referred to as any type of trauma to the structure of your brain that interferes or prevents normal brain functioning. Brain damage may happen to a teen, an adult, a senior and to infants. The kind of brain damage that happens at birth is usually separated into two different categories; injuries after birth and injuries before birth.

Brain injuries after birth are referred to as acquired, non-traumatic or traumatic brain injuries. Those that happen before birth are generally classified as congenital. Virtually any injury that happens after a birth is caused by an injury of some kind. While that may not always be the case, it is the case often enough that it usually winds up being a medical malpractice case.

Many “at birth” injuries are sadly the result of accidents, most often caused by the negligence of the attending physicians or other hospital staff. A word of caution here though, not all injuries are the result of medical negligence. This is the major reason why it’s wise to consult with a skilled Cleveland medical malpractice lawyer who can assess your case.

In a suspected case of brain trauma caused by the medical negligence of health care professionals, you need to know what your rights are, what to expect should you choose to file a med mal lawsuit and how you may be able to recoup financial compensation for the injury. Not all cases of medical negligence are the fault of the attending physician. Negligence may happen at any time during the birthing process, including the pre-natal routines before labor, during labor, after labor and well into post-natal care.

It is also important to be able to distinguish which type of brain injury you may be dealing with should your baby be diagnosed with brain injuries. For instance, congenital brain trauma may be the result of a genetic defect, hypoxia, anoxia, infection or poisoning. The results are not pretty and may present in various forms that include fetal alcohol syndrome, epilepsy, dyslexia, Down syndrome or cerebral palsy.

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