Brain injuries are among the most devastating outcomes of medical malpractice, affecting cognitive function, physical abilities, emotional well-being, and financial stability. When healthcare providers fail to meet the standard of care and cause brain damage, victims face both immediate trauma and lifelong medical challenges.
Patients trust medical professionals during their most vulnerable moments. When that trust is broken, the results can be catastrophic. These injuries often require long-term treatment, rehabilitation, and permanent lifestyle changes.
At Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., our Philadelphia brain injury attorneys fight to secure compensation for past and future pain and suffering, medical costs, therapy, and lasting quality-of-life impacts. Contact our law firm today to determine if you can take legal action against a negligent healthcare provider.
How Our Philadelphia Brain Injury Medical Malpractice Attorneys Can Help You
Our trial attorneys have dedicated their careers to representing victims of medical malpractice. We focus exclusively on catastrophic cases where the injuries have fundamentally altered our clients’ lives. Our approach centers on thorough preparation and aggressive courtroom advocacy.
As one client states about our legal services, “Very professional and attentive to their clients. Could not have asked for a better experience.“
When you hire a Philadelphia brain injury lawyer from Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., you get:
- Comprehensive case investigation with medical expert consultations to establish negligence
- Detailed documentation of all economic and non-economic damages
- Aggressive litigation in Pennsylvania, New Jersey, and nationwide courts
- Collaboration with medical professionals who can testify about standard of care violations and the circumstances surrounding your injuries
- Thorough preparation for trial to maximize your recovery
- Continued advocacy throughout the entire legal process
An experienced brain injury attorney from our legal team can help you seek compensation after you have suffered a brain injury. Contact us today for a free consultation.
Which Types of Medical Malpractice Can Cause a Traumatic Brain Injury?
Medical negligence can lead to brain injuries through various failures in the standard of care. The complexity of medical procedures and the fragility of brain tissue mean that even seemingly small errors can have catastrophic consequences.
Surgical Errors
Brain surgery requires exceptional precision, and negligent care can result in a severe brain injury. Errors such as operating on the wrong area, failing to control bleeding, improper instrument use, or poor post-operative monitoring can destroy healthy brain tissue, leave conditions untreated, or cause lasting cognitive and neurological damage.
Anesthesia Errors
Anesthesiologists are responsible for maintaining oxygen and vital signs during surgery. Mistakes, including incorrect medication, inadequate monitoring, delayed responses, or unnoticed equipment malfunctions, can cause hypoxic or anoxic brain injuries. Even minutes of oxygen deprivation can result in permanent brain damage, cognitive impairment, or other serious neurological deficits.
Delayed Diagnosis or Misdiagnosis
Time-sensitive conditions demand immediate recognition and treatment. Delayed or incorrect diagnosis of strokes, brain infections, aneurysms, or blood clots can lead to irreversible brain damage. Ignoring symptoms allows tissue death, inflammation, or bleeding, where each minute of delay can mean the difference between recovery and permanent disability.
Birth Injuries
Newborns are especially vulnerable to serious damage to their brains during childbirth. Negligence such as failing to address fetal distress, improper use of delivery tools, delayed cesarean sections, or unhandled cord complications can cause oxygen deprivation, leading to cerebral palsy, cognitive impairments, or lifelong developmental delays.
Infections and Sepsis
Healthcare-associated infections can progress to sepsis, endangering multiple organs, including the brain. Failure to diagnose or treat infections promptly can lead to septic shock, brain abscesses, or meningitis, reducing oxygen flow and causing permanent neurological damage.
Proving Medical Negligence in a Brain Injury Case
Medical malpractice cases require a showing that a healthcare provider breached the standard of care, causing injury. Our traumatic brain injury team works with medical experts to demonstrate how care fell short, establish causation, and explain complicated medical concepts. Documentation, imaging, and expert testimony clarify the injury’s extent and progression for judges and juries.
Financial Compensation for Victims of Medical Malpractice Brain Injuries
Serious brain injuries often require lifetime care and support. Victims deserve full and fair compensation for all losses they will experience as a result of medical negligence.
Medical Expenses and Rehabilitation
Medical negligence brain injury victims face extensive and ongoing medical costs. Beyond initial treatment, they often require long-term rehabilitation, specialized equipment, medications, and round-the-clock care. Our Philadelphia personal injury attorneys collaborate with rehabilitation physicians, life care planners, and economists to assess future medical needs and secure compensation that fully addresses both present and lifelong expenses.
Lost Wages and Loss of Future Earning Capacity
Brain injuries often prevent victims from returning to work due to cognitive, physical, or neurological impairments. Young victims may never develop the ability to support themselves, and professionals may be unable to continue their careers. Our team works with vocational experts and economists to document lost earning capacity and secure full compensation for future lost income.
Pain, Suffering, and Diminished Quality of Life
The non-economic impacts of brain injuries are profound. Victims experience chronic pain, emotional distress, and loss of life’s pleasures. Relationships with family members change as roles and capabilities shift. Independence is lost when victims can no longer care for themselves. The psychological toll of adapting to permanent disabilities affects both victims and their loved ones. These damages deserve recognition and maximum compensation through the legal system.
What to Do If You Suspect a Brain Injury Was Caused by Malpractice
If you suffered brain damage that you believe was caused by medical malpractice, immediate action is important to protect your legal rights.
Steps to Take Immediately
Seek medical evaluation from providers not associated with the potentially negligent care. Document all symptoms, diagnoses, and treatments you receive. Obtain copies of all medical records related to the injury and the care provided.
Preserve any physical evidence, such as medication bottles or medical devices. Write down your recollection of events while details remain fresh. Contact an experienced brain injury medical malpractice attorney to evaluate your case.
Importance of Acting Before the Statute of Limitations Expires
Pennsylvania law limits the timeframe for filing medical malpractice lawsuits. Adults generally have two years from when the injury was discovered or should have been discovered, while different rules may apply to minors.
Missing this deadline forfeits your right to compensation. Consulting an attorney early ensures critical deadlines are met and allows time for a thorough case investigation.
Can I File a Malpractice Lawsuit Over a Brain Injury?
The viability of your personal injury case depends on the specific facts and circumstances of your injury. Our firm evaluates potential cases by examining whether healthcare providers breached the standard of care and whether this breach directly caused your brain injury.
We review medical records, consult with medical experts, and assess the extent of your damages. Not all brain injuries are caused by malpractice, but when negligent care causes catastrophic harm, victims have the right to hold providers accountable by filing a brain injury lawsuit.
Contact a Philadelphia Brain Injury Medical Malpractice Attorney
Brain injuries resulting from medical malpractice demand serious legal advocacy. At Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., we are prepared to take your case to trial and fight for the compensation you need and deserve.
Our law firm has been recognized by respected organizations, such as Super Lawyers and Best Lawyers in America. We also hold Martindale-Hubbell’s highest rating of AV Preeminent for our commitment to excellence. Contact us today to discuss your case with our catastrophic brain injury lawyer team.
BUSINESS INFORMATION
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
