New York City Neurological Injuries

New York City Attorney for Neurological Injuries

A neurological injury can be devastating. When an injury occurs, a person鈥檚 life can be impacted immensely. It is important that one鈥檚 injuries are tended to with the utmost care. Depending on the situation, a neurological injury may be a case for personal injury. If the negligence of another led to a neurological injury, that party could be liable for the aftermath. In other cases, negligence occurs in the care of a person who suffers from one of these injuries, leading to an investigation of medical malpractice. Whichever the case may be, we are here to help. Mark L. Bodner, P.C. is an experienced, nationally renowned law firm located in New York City. Our firm has a history of successfully representing clients in both personal injury and medical malpractice cases. With a significant legal and medical background, our firm effectively fights for every client. For a consultation with our firm, contact Mark L. Bodner, P.C.

The neurological system

The neurological system of the human body is an extremely intricate set of nerves, tissue, organs, bones, fluids, and other components, working together to allow communication between various parts of the body that, when left uninjured and undamaged, efficiently perform automatic functions, (like breathing and eyelid blinking) as well as discretionary responses (such as talking, dancing, or holding a pencil).

It is through the interworking of the neurological system that the five main senses (sight, smell, touch, taste, and hearing) enable the individual to gather information about one鈥檚 external environment, as well as the internal processes occurring within the body itself. For example, it is through the sensory signals communicating through the nervous system, taking messages from fingers, skin, eyes, ears, nose, and mouth, along the nerves to the cerebral cortex that allow the individual to see, hear, smell, taste, and feel.

Likewise, it is through the neurological system that a wide variety of somatic and automatic nerve function occurs, all our voluntary and conscious muscle control occurs. Additionally, it controls sympathetic and parasympathetic responses that result in such involuntary actions as the 鈥渇ight or flight鈥 physiological reactions (increased heart rate, sweating) and the most basic cell and organ functioning like the digestion of food and regulating the level of carbon dioxide in the body. Accordingly, the neurological system must function in order for a human to live. Disease or damage to any neurological component can have catastrophic results.

Injuries to the Central Nervous System

The neurological system is composed of two main parts: the central nervous system and the peripheral nervous system. Its most critical components are the brain and the spinal cord, Together, they make up the central nervous system (CNS).

  • The Brain: The human brain processes information and dispenses commands to the body. The sensory signals it receives from sight, sound, smell, taste, and touch are interpreted and used to control somatic and automatic nerve functions as well as process thoughts, emotions, and many other tasks.
  • The Spinal Cord: The spinal cord is comprised of bone, tissue, blood, nerves, and fluid. It extends from the brain down the length of the spine. It is through the spinal cord that electrical impulses pass through its cluster of nerves, transmitting communications from the brain through the remainder of the body.

The peripheral nervous system (PNS) compromises the entire web of nerves that flow communications between the brain and the body. While the PNS is vulnerable to a variety of diseases and some level of injury, most catastrophic neurological injuries involve the CNS.

Neurological Injuries Can Be Life-Threatening and Devastating

Injuries to the nervous system can be temporary or permanent. They may or may not require surgery as well as long-term hospital and institutional care.聽 The nervous system is delicate as well as complex. Even the slightest jarring of its components can result in serious consequences.

The Importance of Timely and Proper Medical Care

It is extremely important for victims of neurological injury to have expert medical care as soon as possible. Timely and competent medical support is critical. Diagnostic tests should be undertaken quickly, including Positron Emission Tomography (PET), Magnetic Resonance Imaging (MRI), computed axial tomography (CAT or CT scan), and spinal taps. Monitoring of their condition for changes that can reveal bleeding or pressure from swelling must occur by healthcare experts with knowledge of the most minor symptoms of neurological distress.

Obviously, medical malpractice in the area of neurological injury can have particularly devastating effects upon the victim. Errors here often result in wrongful death or permanent disability (including quadriplegia, paraplegia, and permanent brain damage).

Medical Malpractice in Neurological Injuries Must Be Addressed

When a victim of a neurological injury is compromised or killed by the errors of a doctor, nurse, EMS technician, or hospital technician, justice should be pursued. Neurological medical malpractice claims are all too often filed on behalf of young men and women who have had years of productive living stolen from them by medical errors such as:

  • Failure to treat a spinal cord injury in a timely manner
  • Failure to treat a brain injury in a timely manner
  • Failure to treat swelling of the brain after injury
  • Failure to treat swelling of the brain after surgery
  • Failure to diagnose brain injury
  • Failure to diagnose spinal cord injury
  • Failure to diagnose nerve damage or nerve injury
  • Failure of nurses, technicians, or EMTs to report neurological conditions to a doctor
  • Failure to diagnose or treat complications from back surgery, including laminectomies
  • Errors during the birth of an infant resulting in injury to the brain or spinal column
  • Hypoxic brain injury (lack of oxygen to the brain)

Assessing one鈥檚 case for medical malpractice

It is important to know whether or not New York law will provide legal remedies for medical errors that have occurred during the treatment of injuries to the nervous system, brain, or spinal cord. This will require a legal analysis of the particular situation. Even when the medical error is obvious, issues like whether or not the limitations statute imposes a time bar must be explored. Additionally, a medical expert is usually needed to help assess the scope of the medical errors as well as the types of damages available for monetary compensation under New York law.

Contact an experienced medical malpractice attorney

Mark L. Bodner, P.C. is a New York medical malpractice law firm with over 35 years of experience fighting for the rights of patients and families who have been negatively impacted by the medical treatment that they have received after suffering serious injury, including injuries to the nervous system. If you or someone you love may have suffered from errors in the medical or health care diagnosis or treatment of a brain injury, spinal cord injury or other serious neurological injuries, please feel free to contact Mark L. Bodner, P.C. for a free consultation.

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