Brain Injuries Caused by Medical Negligence

Every 21 seconds someone in the United States sustains a traumatic brain injury, most commonly due to motor vehicle accidents, falls, or sports. Brain injury caused by poor medical care is another frequent occurrence in the United States. In addition to representing those who have sustained brain damage from accidents, we also represent those who have sustained brain damage and their families resulting from medical negligence.

Causes of Brain Damage from Medical Negligence
Medical errors by anesthesiologists, neurosurgeons, orthopedic surgeons, and sinus surgeons can lead to severe injuries to the brain and spinal cord. Brain injury can also occur when early signs of stroke, such as transient ischemic attacks are not appreciated and properly treated. Brain injury can additionally occur if a doctor fails to diagnose someone as being at high risk for stroke because of an underlying medical condition, such as atrial fibrillation, and then fails to provide the care which would have prevented the stroke.


When brain damage occurs during surgery, we work with medical experts to determine if the injury was the result of medical negligence.

Surgical Causes Leading to Brain Damage
Surgery itself can lead to brain damage, even when the surgery does not directly involve the brain. In these instances, surgery may be performed in areas located very close to major blood vessels such as the aorta, vena cava, or carotid artery. Damage with major bleeding can occur if a surgeon does not use safe operative technique.

In addition, major bleeding can occur outside of the visible operative field. In such cases, a brain injury can occur if the anesthesiology team fails to recognize the ominous readings on the anesthesia machine of vital signs such as oxygen saturation levels of blood, or irregularities in the amount of carbon dioxide being expired by the patient, known as the end tidal CO2.

Newborn babies can suffer severe brain injury prior to or during labor, usually due to the brain not receiving enough oxygen. Negligent administration of obstetrical anesthesia can induce seizures in the pregnant mother-to-be with resulting brain injury to the baby.

Evaluation of Brain Injury Cases Occurring in Hospitals
If a brain injury occurs during a surgical procedure, it’s important to understand exactly what caused or contributed to the injury. Our firm works with medical experts to carefully investigate and analyze the procedures and actions undertaken during surgery so that we can determine whether a lawsuit based on negligence is warranted.

If you or a loved one has sustained a brain injury during surgery, please call us so that we can learn about your case. We provide a free and confidential consultation and evaluation.

Read Attorney Flemming’s closing arguments in his successful medical negligence brain injury case.

  • Client Victories

    • Playground equipment settlement: $950,000
    • Negligent administration of anesthesia and monitoring of patient during lumbar disk neurosurgery: $3,750,000
    • Negligent performance of forceps delivery with median episiotomy: $950,000