Filing A Brain Injury Claim In Washington, D.C.


Violation Of Patient Safety Resulting In Traumatic Brain Injury

Medical malpractice means that a healthcare provider did not meet the standard of care and violated patient safety rules during your treatment. As a result, you suffered a serious injury, and the doctor, hospital, and HMO failed to keep you safe and healthy.

Your health care provider owes you this standard of care throughout the time you are under their care – this means from the time you first arrive at the hospital to the time you leave (and in some cases even after that).

If you underwent surgery, your surgeons and the rest of the hospital staff were responsible for you before, during, and after the procedure.

What Are The Different Types Of Brain Injuries?

There are three main types of brain injuries:

  1. Mild TBI or concussion
  2. Moderate TBI
  3. Severe TBI

While any brain trauma can be catastrophic, it is especially the case for children as any degree of brain damage can disrupt a child’s development and limit their ability to function at school, play with their friends, and even at home.

What Are The Common Causes Of Brain Injuries?

According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries are a major cause of death and disability in the United States.

A moderate or severe closed head injury can be caused by a bump, blow, or jolt to the head or by a penetrating injury to the head. A doctor’s failure to diagnose, or delay in response, to a brain injury case can have lasting impacts.

Sometimes patients don’t take well to surgeries, and sometimes they recover at different rates – there’s nothing anyone can do about that, unfortunately. Sometimes infections just can’t be avoided – they are a risk of surgery and being in the hospital.

However, sometimes, infections are the result of negligence on the part of the surgeon or the hospital. Sometimes it is caused by miscommunication before the surgery, mistakes during surgery, unsanitary surgical rooms and tools, and a host of other issues.

But the most common problem with infections is that they are not detected, diagnosed, and treated by the hospital in time. In other words, hospitals know infections occur – they need to test and then treat for infections. Sometimes they don’t call for a specialist to consult with you – one who can diagnose and treat your infection before it causes serious harm.

Because in severe cases, an infection can be overwhelming, leading to serious health consequences like septic shock.

Brain Damage Can Be the Result of Medical Malpractice

Anoxic/hypoxic brain injuries are a type of brain injury that can happen as a result of medical malpractice. This type of injury means there is a lack of oxygen in the brain itself.

How Do Anoxic/Hypoxic Brain Injuries Happen in DC Area Hospitals?

Anoxic/hypoxic brain injuries happen in DC hospitals when there is not enough oxygen going to the brain for a time period long enough which causes brain damage. This can happen in the hospital during an emergency that is not tended to quickly enough; either in the emergency room, during surgery, or in other parts of the hospital or facility. Brain injuries can also happen if the wrong medication is administered.

We recently settled a case for a gravely injured man who was given a medication to which he was allergic, and as a result of some serious consequences, he experienced a hypoxic brain injury. When he was admitted to the emergency room he was walking, talking, eating, and making his own decisions. A short time later he had irreversible damage to his brain and kidneys and was incapacitated. Our experienced medical malpractice lawyers were able to get his wife a settlement from the hospital that will pay for his care for the rest of his life.

What Can a Medical Malpractice Suit Do for My Loved One with Brain Damage?

Medical malpractice lawsuits are not something that should be pursued lightly. These types of claims are complicated and can take years to resolve. That’s why you need the right medical malpractice lawyer who will investigate the case properly before filing the claim to make sure that the case is worth pursuing you and your family.

Our number one goal in representing those who have been seriously injured as a result of medical malpractice is to get the responsible party to pay for the results of the injury. People who have had serious brain injuries can be fully incapacitated, injuries that could require full-time nursing and be incredibly expensive. The family that relied on the expertise of the medical staff or facility shouldn’t have to pay for the mistakes made to their loved ones or negligence in their care.

What To Do After A Doctor’s Actions Results In Permanent Injury

The first thing you should do is get information and talk to an experienced brain injury lawyer like Frank Kearney if you suspect your injury is the result of medical malpractice.

We want to make sure that, whether you are a parent of a child experiencing medical malpractice or you’ve been mistreated yourself, you have all the right information to make the best choices for yourself and your family. The best thing to do is to get educated about your rights and options.

What Are The First Steps to Take to Having My Brain Injury Case Investigated?

The first step to having any medical malpractice claim investigated is to request your medical records. You should request the records as soon as possible because medical records can get lost. These records are the base of your evidence against a doctor or hospital so you need to have a complete copy in your possession. And the records are the first thing we will review to see if you might have a viable claim.

We will do a full investigation of your case before we file a claim against a hospital or provider (or both). That means we will be reasonably certain that we can make a recovery for you before we sign you and your family up for a long, drawn-out malpractice case. And you should be certain too – which is why we develop our relationship with you and your family along the way so you can get to know us before we file and feel good and confident about moving forward.

Our Experienced Medical Malpractice Lawyers Are The Right Choice To Help You Recover Compensation For Your Pain And Suffering

If you suspect your head injury is a result of negligence by medical experts, you need someone who understands what you and your family are going through – and how difficult life will be because of the injury, so they can help you and your family.

Call us at 202-393-3320 today to speak with one of our brain injury attorneys about your case – it’s a free consultation and will put you on the right track to holding the doctor and hospital responsible.

by Frank R. Kearney, Attorney-at-Law

Experienced DC Workers’ Comp, Long Term Disability & Accident Lawyer,

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  • Story Of Success

    After A Successful Settlement, a Severely Injured Young Man Now Has the Resources to Live Independently

    Rated 5 out of 5
    July 26, 2022

    Mr. Kearney and Mr. Donahoe were excellent attorneys. They were very caring toward my son and myself. They always explained everything in detail and kept in touch with us, updating us about the case. Whenever we would call or needed a question answered, Mr. Kearney or his assistant was always there to help. My son and I are very happy and satisfied with the outcome of the case. Mr. Kearney and Mr. Donahoe were the best and I would highly recommend them to other people.

    M.S., Manassas, Va
  • Story Of Success

    After A Successful Settlement, a Severely Injured Young Man Now Has the Resources to Live Independently

    Rated 5 out of 5
    July 26, 2022

    Mr. Kearney and Mr. Donahoe were excellent attorneys. They were very caring toward my son and myself. They always explained everything in detail and kept in touch with us, updating us about the case. Whenever we would call or needed a question answered, Mr. Kearney or his assistant was always there to help. My son and I are very happy and satisfied with the outcome of the case. Mr. Kearney and Mr. Donahoe were the best and I would highly recommend them to other people.

    M.S., Manassas, Va
  • Story Of Success

    After A Successful Settlement, a Severely Injured Young Man Now Has the Resources to Live Independently

    Rated 5 out of 5
    July 26, 2022

    Mr. Kearney and Mr. Donahoe were excellent attorneys. They were very caring toward my son and myself. They always explained everything in detail and kept in touch with us, updating us about the case. Whenever we would call or needed a question answered, Mr. Kearney or his assistant was always there to help. My son and I are very happy and satisfied with the outcome of the case. Mr. Kearney and Mr. Donahoe were the best and I would highly recommend them to other people.

    M.S., Manassas, Va
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