A Guide to Brain Bleeds & Medical Malpractice Lawsuits in Florida
Learn about common medical errors that lead to brain bleeds and how to prove doctor negligence to recover the justice and compensation you deserve in Tampa
If you or a loved one has experienced a brain bleed, you already know that the aftermath can be overwhelming and filled with uncertainty. Brain bleeds, also known as intracranial hemorrhages, are medical emergencies that require prompt and accurate diagnosis and treatment.
Unfortunately, misdiagnosis or delayed diagnosis is not uncommon and can lead to permanent injury or death. If you suspect that medical negligence contributed to the severity of a brain bleed, it’s crucial to understand your rights and seek professional legal guidance.
At Palmer Lopez, our knowledgeable Tampa medical malpractice attorneys understand the complexities of brain bleed cases and work tirelessly to ensure our clients receive the compensation they need for past and future expenses as well as pain and suffering.
Learn more about how we can help with your claim by scheduling a free consultation to discuss your legal options.
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Common types of brain bleeds
A brain bleed is a serious medical condition where blood vessels rupture within the skull. There are several types of brain bleeds, each with unique characteristics and potential consequences:
- Subarachnoid hemorrhage. This type of bleed occurs in the space between the arachnoid mater and the pia mater, the innermost layer of the meninges. Subarachnoid hemorrhages are commonly caused by ruptured aneurysms or head injuries. They can cause severe headaches, nausea, vomiting, and loss of consciousness.
- Intraventricular hemorrhage. This type of bleed occurs within the ventricles (the fluid-filled spaces within the brain). It’s a common birth injury that occurs in premature infants but can also occur in adults due to head injuries or other underlying conditions.
- Intracerebral hemorrhage. This type of bleed occurs within the brain tissue itself. It’s most often caused by high blood pressure but can also be caused by other factors like blood vessel abnormalities, tumors, or trauma. Intracerebral hemorrhages can lead to a wide range of neurological deficits, depending on the location and extent of the bleed.
- Epidural hematoma. This type of bleed occurs between the skull and the dura mater, the outermost layer of the meninges (the protective membranes covering the brain). It’s typically caused by a head injury that results in a skull fracture and rupture of an artery. Epidural hematomas often require immediate surgical intervention to prevent brain damage or death.
- Subdural hematoma. This type of bleed occurs between the dura mater and the arachnoid mater, the middle layer of the meninges. Subdural hematomas can be acute (rapidly developing) or chronic (developing slowly over time). They are often caused by head injuries but can also occur due to other factors like blood clotting disorders or excessive alcohol use.
It’s important to note that brain bleeds are considered medical emergencies and require immediate attention. Failure to get prompt treatment can result in permanent disability and even death.
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How dangerous is a brain bleed?
Brain bleeds, even ones that develop more slowly over time, should always be taken seriously. According to a study published in the National Library of Medicine, each year, intracerebral hemorrhages account for about 15% of stroke cases, which were the 5th leading cause of death in the U.S. in 2022.
Misdiagnosing hemorrhages, especially subarachnoid hemorrhages, is alarmingly common, with studies showing misdiagnosis rates between 5% and 51% in emergency department patients. These ER errors are more likely to occur when patients present with non-specific initial symptoms (like headaches or nausea) that vary in severity, in which patients appear to have normal cognitive function (thought process).
Do people fully recover from a brain bleed?
Like any serious medical condition, recovery from a brain bleed varies widely depending on the type, location, and severity of the bleed, the patient’s age and overall health, and the promptness and effectiveness of medical intervention.
Some individuals can fully recover, particularly if the bleed is small and treated quickly, while others may experience long-term complications such as cognitive impairments, physical disabilities, persistent neurological deficits, or even death.
Rehabilitation therapies, including physical, occupational, and speech therapy, often play a crucial role in aiding recovery and improving the quality of life for those affected. It’s important for patients and families to have realistic expectations and to work closely with healthcare providers to manage the recovery process.
What medical mistakes might lead to a brain bleed?
Medical mistakes that can lead to brain bleeds often result from errors in diagnosis or treatment. According to the National Library of Medicine study, the most common reason for hemorrhage malpractice lawsuits is a failure to diagnose, accounting for 84% of cases, followed by a failure to treat the hemorrhage after diagnosis, accounting for 16% of cases.
The most commonly cited reasons for failing to diagnose a brain hemorrhage in the first place included:
- Misdiagnosing the hemorrhage (41% of cases)
- Failing to order a CT scan (33% of cases)
- Incorrectly interpreting diagnostic tests like CT or MRI scans (14% of cases)
Other potential medical mistakes that often lead to brain bleeds include:
- Medication errors. Prescribing inappropriate medications or dosages, especially blood thinners, can increase the risk of bleeding in the brain.
- Surgical errors. Mistakes during neurosurgery, such as accidentally nicking or damaging blood vessels in the brain, can cause a brain bleed.
- Anesthesia errors. Incorrect administration or dosage of anesthesia can lead to fluctuations in blood pressure, which can increase the risk of bleeding.
- Failure to monitor and manage underlying conditions. Inadequate monitoring of patients at risk for brain bleeds, such as those with high blood pressure, aneurysms, or blood clotting disorders, can lead to delayed detection and treatment.
- Trauma mismanagement. Improper handling of patients with head injuries from car accidents or slip and fall accidents, such as not immobilizing the neck or failing to perform timely imaging studies, can result in or exacerbate brain bleeds.
Understanding these common causes and medical errors enables patients and their families to recognize potential malpractice and seek appropriate legal recourse. If you suspect medical negligence contributed to a brain bleed, it is essential to consult with experienced medical malpractice attorneys to explore your legal options.
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How do you prove a brain bleed is the result of a medical mistake?
Proving a brain bleed resulted from a medical mistake is a complex process, requiring a thorough understanding of medical standards and legal procedures. This is how it typically works:
- Establishing duty of care. The first step in any medical malpractice lawsuit is to establish that the medical professional had a duty of care toward the patient. This means they were responsible for providing a certain level of care that met the accepted medical standards for their field. This is usually a given due to the nature of the doctor-patient relationship.
- Proving a breach of duty. Next, it must be shown that the medical professional breached their duty of care. This could be through misdiagnosis, delayed treatment, surgical errors, medication errors, or failure to monitor the patient adequately.
- Causation. The most crucial aspect is proving causation, which means demonstrating a direct link between the medical professional’s breach of duty and the patient’s brain bleed. This often involves gathering medical records, expert witness testimonies, and other evidence to show that the bleed would not have occurred had the medical professional acted appropriately.
- Damages. Finally, the patient must prove that they suffered damages as a result of the brain bleed, such as medical expenses, lost wages, pain and suffering, and other related losses.
An experienced medical malpractice attorney is essential in navigating this complex legal process and proving physician negligence. They typically start by conducting a thorough review of your medical records and gathering all relevant evidence, such as diagnostic test results and treatment notes, to identify any deviations from the standard of care.
The attorney will then consult with medical experts, who can provide professional opinions on whether the healthcare provider’s actions constituted negligence and how this breach directly caused your brain bleed or exacerbated your condition.
Additionally, the attorney will handle all legal procedures, including filing claims, meeting deadlines, and representing you in court if necessary. They will also negotiate with insurance companies to seek a fair settlement for the damages you incurred, such as medical expenses, lost wages, and pain and suffering.
Concerned that your brain bleed was caused by a medical error? Our Tampa medical malpractice attorneys can help!
Proving medical malpractice in a brain bleed case requires a deep understanding of medical science, legal principles, and courtroom procedures. An attorney with expertise in this area can be your strongest advocate, helping you navigate the legal complexities and fight for the justice and compensation you deserve. At Palmer Lopez, we can be that advocate.
Our experienced Tampa medical malpractice attorneys are dedicated to meticulously investigating your case and connecting you with top medical experts who can help us build a compelling argument to support your claim. We understand the profound impact that medical errors can have on your life and are committed to helping you secure the compensation you need for medical expenses, lost wages, pain and suffering. and more.
If you or a loved one suffered a catastrophic injury or wrongful death from a brain bleed caused by a medical mistake, contact Palmer Lopez today for a free consultation, and let us provide the support, legal knowledge, and dedication necessary to achieve the best possible outcome for you and your family.
References
CDC. (2024). Leading Causes of Death. Centers for Disease Control and Prevention. https://www.cdc.gov/nchs/fastats/leading-causes-of-death.htm
Jena, A. B., Seabury, S., Lakdawalla, D., & Chandra, A. (2011). Malpractice Risk According to Physician Specialty. New England Journal of Medicine, 365(7), 629–636. https://doi.org/10.1056/nejmsa1012370
Pecorari, I. L., Flaquer, I., Bergemann, R., Funari, A., Alvi, M. A., & Agarwal, V. (2023). Medical malpractice and intracranial hemorrhages in the U.S.: An analysis of 121 cases over 35 years. Heliyon, 9(4), e14885. https://doi.org/10.1016/j.heliyon.2023.e14885