Archive for the ‘Birth Injury Law’ Category

Brain Injuries’ Massive Societal Costs

Thursday, April 1st, 2010

brain injury consequences 300x216 Brain Injuries Massive Societal CostsFor the past month, our brain injury attorneys have been conducting an ongoing series on the various types and causes of brain injury.  As national Brain Injury Awareness Month comes to a close, today we take a step back to look at the dramatic societal costs of these various neurological conditions.

Brain injuries are more widespread than many whose lives have not been touched would realize.  In America, every year about two million head injuries occur – or just short of 200 per every 100,000 Americans.  Of these, about 1.5 million people suffer a brain injury which causes them to “black out,” or lose consciousness, but which does not commit them to a hospital or other institution long-term.  An additional 300,000 Americans each year sustain a brain injury that results in hospitalization, and of these, about 99,000 suffer a lasting disability.

According to a study in the Journal of Neuropsychiatry, this means that in America alone, for each 100,000 adults (age 15 and over), there are about 62 people who suffer from enduring or permanent disability caused by traumatic brain injury (TBI).  Traumatic brain injuries also result in about 56,000 deaths each year in America – about 34% of total deaths from injury.  If you are one of the many Americans whose life has been touched by TBI, you will need a  trained professional professional to help you decide whether to seek compensation.  Our top Chicago TBI lawyers can help.

Brain damage stems from any number of causes.  The largest categories of traumatic brain injuries are automobile accidents (around 28%) and sports (around 20%).  Skiing accidents are particularly prone to result in head injuries – the New York Times has reported that an alarming 5-10 percent of such accidents lead to this type of injury.  Assaults comprise another large chunk of traumatic brain injuries (around 9%).  These figures, however, take into account all traumatic brain injuries.  When only those TBIs that result in hospitalization are considered, almost half such injuries are the result of motor vehicle accidents.  To speak with one of our experienced attorneys regarding a car accident traumatic brain injury, call us at (312) 527-4500 for a free consultation.

The landscape of traumatic brain injury is also constantly evolving.  Between 1984 and 1992, for instance, brain injuries from car, bus and truck accidents declined an impressive 25%.  Unfortunately, during that same period TBI from firearms increased by 13%.

The personal and societal costs of dealing with brain injuries cannot be overstated.  In the mid-1990s, the National Foundation for Brain Research stated that the costs of dealing with only traumatic brain injury amount to $48.3 billion in America each year.  Sadly, the costs of medical treatment are the worst for those who do not survive – costs that are passed along to the family they leave behind.  Again in the 1990s, those who suffered fatal brain damage had average medical expenses of $454,717.  These expenses have only increased over time.  If someone you love has suffered a fatal brain injury as the result of negligence, an experienced Chicago wrongful death attorney can help you to navigate the legal landscape and receive justice for your loved one.

Other estimates from the 1990s show the purely economic costs for brain injury victims who do recover.  According to the National Institute of Neurological Disorders and Stroke, the costs for a survivor of a severe traumatic brain injury can reach over four million dollars over the course of her life.  The average traumatic brain injury, regardless of severity, has medical-related costs of around $150,000, including medical bills, modifications to a home, rehabilitation for life and work, and increased health insurance costs.  It is important to note that this average includes even those who suffer comparatively mild injuries such as concussions, and thus even this alarming figure is deceptively low.  For those who suffer a brain injury severe enough to require rehabilitation, the average cost over only four years reaches around $200,000. For those who require extensive rehabilitation, the cost of this treatment can be around $1,000 each day.   Victims of a severe TBI can take years to fully recover, with gradual improvement often progressing over the course of ten years or more.

It is also important to note that in the ten years since these estimates were made, costs have gone up substantially — and these costs do not include the severe past, present and future physical and emotional damage to brain injury victims and their families — including pain and suffering, disability / loss of normal life (inability to enjoy the pleasurable aspects of life), wage loss, loss of society (companionship) and disfigurement.  Only a top personal injury lawyer, such as those at Passen Law Group, can take the time to understand the loss experienced by brain injury victims and their families, and communicate that loss to the other side, and eventually to a jury of one’s peers.

Victims of traumatic brain injury who need support services in order to return to work find that those services cost tens of thousands of dollars in the first year alone.  Many brain injury survivors, however, do not have the ability to return to work, even with rehabilitation and assistance.  Although estimates cover a broad range, some studies show as many as 80% of survivors, particularly those who suffered a severe traumatic brain injury, unable to ever resume work.  Many survivors also require assistance with daily activities, and can suffer from depression, anxiety, and isolation.  These are all costs that must be taken into account when pursuing a case against a person or company whose negligence caused a brain injury.  If you have suffered a brain injury, an experienced Chicago brain injury attorney can help you obtain the full compensation to which you are entitled.

For a free consultation with an experienced Chicago personal injury lawyer at Passen Law Group, call us at (312) 527-4500.

Encephalomalacia Brain Injury in Children and Adults

Wednesday, March 31st, 2010

This month, the Chicago personal injury lawyers of Passen Law Group have been focusing on the many types and causes of traumatic and non-traumatic brain injury in connection with national Brain Injury Awareness Month.  Today, we take a closer look at encephalomalacia, a serious form of brain injury that can occur at birth or throughout life.

Encephalomalacia, also known as cerebromalacia, is the softening of brain tissue.  It can be caused either by vascular insufficiency, and thus insufficient blood flow to the brain, or by degeneration.  Encephalomalacia can be the formation of necrosis, or dead tissue, in a portion of the brain due to a partial complete blockage of blood flow to the area, which in turn can be caused by a natural condition or by infection or trauma (TBI).  The term encephalomalacia is also used at times to refer more generally to degenerative conditions affecting the brain.  If the condition affects the white matter of the brain, it is called leukoencephalomalacia.  If it affects the gray matter, it is known as polioencephalomalacia.

An individual suffering from encephalomalacia will experience a number of symptoms, all of which involve a loss of function.  These symptoms can include somnolence (extreme drowsiness), blindness, ataxia (wobbliness and lack of coordination), sleep walking, head pressing, circling, and, eventually, terminal coma.  Also, depending on the location of the softened tissue, there can be different effects.  For example, softening in the frontal lobe can lead to memory loss and mood swings.

If you, a family member, or a friend are experiencing any of these symptoms, you should seek medical attention as soon as possible.  If your symptoms are the result of encephalomalacia, not only is it important to obtain the proper treatment, but it is also important to determine the cause of your condition.  Our Chicago brain injury attorneys have extensive experience working with patients and doctors to understand how encephalomalacia occurred in a particular case, and whether legal action is warranted.  Where a brain injury was caused by the negligence or malpractice of another individual or entity, our attorneys will ensure that your rights are protected and that you receive full compensation available under the law.

Encephalomalacia can result from natural causes, such as infarction; therefore, not all cases of encephalomalacia or similar injuries are compensable.  However, the condition can also be caused by trauma, which in turn may be the result of negligence or reckless conduct.    In adults, another common cause of encephalomalacia is complications from surgery, particularly brain surgery to correct other problems, such as tumors.  If those complications were the result of medical negligence, the victim may have a legal action against the physicians, nurses, or hospitals involved.

Particularly common in newborns and infants is multicystic encephalomalacia, or the formation of cavernous cystsic in the brain after an injury.  The most common cause of multicystic encephalomalacia, especially in infants, is hypoxia.  The birth injury lawyers at Passen Law Group have discussed injuries from hypoxia in infants at length in connection with Brain Injury Awareness Month.  However, infants can also suffer encephalomalacia due to trauma from, for example, the improper use of forceps at delivery.

In either case of encephalomalacia caused by hypoxia or trauma, a thorough investigation and analysis of the particular circumstances can help you determine whether your child’s injuries were the result of negligence, and whether the injuries are compensable.  Our top Chicago brain injury attorneys can help you determine what caused your child’s brain injury and what claims you may have, identify all possible defendants, and obtain the compensation your child deserves to assist with future medical and emotional treatment.

For a free consultation with an experienced encephalomalacia lawyer at Passen Law Group, call us at (312) 527-4500.

Cerebral Palsy Birth Injury: Recognition and Treatment

Monday, March 29th, 2010

Cerebral Palsy Birth Injury 300x199 Cerebral Palsy Birth Injury: Recognition and TreatmentPassen Law Group’s Chicago personal injury lawyers continue our discussion of cerebral palsy in recognition of national Brain Injury Awareness month.  Today, we discuss cerebral palsy caused by medical negligence at birth.  If you suspect your child’s brain injury may have been caused unnecessary delays at birth or medical malpractice, call our cerebral palsy birth injury lawyers at (312) 527-4500 for a free consultation.

Whether cerebral palsy could have been prevented depends on the circumstances of each particular case.  In many cases, the answer is no, and children may develop cerebral palsy despite receiving the finest medical care.  In some cases, however, the exercise of proper medical care could have prevented cerebral palsy.  Although this is true regardless of whether the injury was suffered before, during, or after childbirth, cerebral palsy resulting from brain injury during childbirth, in particular, is often preventable.  There are literally thousands of cases of cerebral palsy that might have been prevented had doctors, hospitals, and other medical professionals followed the appropriate standard of medical care.  Only someone with the proper training and knowledge, such as our Chicago brain injury lawyers and the medical professionals with whom they work, can help determine whether a specific case of cerebral palsy could and should have been prevented, and whether your child is entitled to compensation for his or her injury.

Without discussing your case with an experienced medical practice lawyer, and having your child’s medical records reviewed by a top medical professional, it is impossible to know whether cerebral palsy acquired at birth should have been prevented.  As a general rule, however, if any of the following occurred during labor and delivery, there is an increased chance that your child’s brain injury may have been preventable, and may be the result of medical negligence:

  • Your baby was born through an emergency delivery, particularly if vacuum or forceps were used
  • Your baby was delivered through c-section, particularly an emergency c-section
  • Your newborn was in the NICU
  • Your newborn was placed on oxygen to help him breathe
  • Your newborn was transferred to another hospital, or a specialist was called in
  • Your baby developed hypoxia, anoxia or hypoxic-anoxic injury (HAI)
  • Your baby was given CPR shortly after he was born
  • Your newborn or young infant suffered seizures
  • Your child was given special testing after birth

Cerebral palsy can also be prevented when doctors and other medical providers properly recognize certain risk factors prior to delivery, and act accordingly.  If more than one of the following risk factor is present, medical professionals should exercise particular care.  These risk factors include:

  • Incompatible blood types between the mother and baby
  • A mother younger than 20 or older than 40
  • A father younger than 20
  • A first child
  • A child who is the fifth sibling or more
  • Certain types of infection in the mother early in her pregnancy
  • African-American parents
  • Twins
  • Premature birth
  • Low birth weight (less than 3 and a half pounds)
  • The presence of micro-organisms which attack the baby’s central nervous system

These risk factors and warning signs can provide a general idea of whether a brain injury acquired at birth was preventable.  But only a thorough analysis can allow you to know for sure.  If you would like to learn more about whether your child’s cerebral palsy was preventable, a leading Chicago birth injury attorney can help.  We consult with the leading medical professionals in the country, and conduct a legal and factual investigation to determine what claims you might have, and against which possible defendants.

How is Cerebral Palsy Treated?

The first step in treating cerebral palsy is a detailed assessment of the severity of the particular case.  Cerebral palsy is not progressive — meaning the condition does not get worse over time.  Consequently, extremely mild case of the brain injury can, in certain cases, be overcome.  In most cases, however, those living with more severe cases of cerebral palsy must learn to manage their condition with proper therapy and treatment.

Just as cerebral palsy manifests differently in each victim, each victim’s treatment program and plan must be tailored to his specific needs.  A child with cerebral palsy may be diagnosed, and treatment begun, anytime from infancy through the first or second year of life, although beginning treatment within the first few months of a child’s life is rare.

One important component of almost any treatment plan is physical therapy.  Physical therapy will be conducted both by a physical therapist and by an affected child’s parents, as instructed by the therapist.  Other types of treatment can include work with an occupational therapist, and a speech expert, either a therapist, a pathologist, or both.  Parents of a child with cerebral palsy should expect to commit a great deal of time and energy to participating in the treatment and various therapies of their child.  Additionally, the cost of these treatments, both in terms of the expense itself and the opportunity costs to the parents from diverting a large portion of their time to these issues, can be extensive and overwhelming.

Children with cerebral palsy may require medical care and treatment through adulthood.  These expenses can be astronomical when multiplied over the course of your child’s life expectancy.  Still, those hard financial expenses pale in comparison to the emotional toll expended by the parents and other family members of a child inflicted with a debilitating and permanent brain injury.

Passen Law Group’s group of skilled brain injury malpractice lawyers appreciate the immense responsibility we have to ensure our clients and their families are compensated for yesterday, today and tomorrow.  If you believe your child’s cerebral palsy may have been caused by the negligence of a doctor, hospital, or other medical professional, one of our brain injury attorneys can help you to find out.

For a free consultation with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500.