There is no question that a neurological injury can impact your life negatively and immensely. Such an injury will require intensive and long-term medical treatment, which can get quite expensive. You do not deserve to suffer this physical, emotional, and financial toll alone. Rather, you must seek financial compensation and overall justice via a medical malpractice claim. Continue reading to learn common examples of neurological injuries that constitute a lawsuit and how an experienced New York City attorney for neurological injuries can serve as your legal representation.
What is considered a neurological injury?
Firstly, the neurological system is a set of nerves, tissue, organs, bones, fluids, etc., that work together to communicate across the body. Also, this system uses sight, sound, smell, taste, and touch to control somatic and automatic nerve functions and process thoughts and emotions.
Injuries usually affect the brain or the spinal cord. So, when injured, the neurological system will not be able to efficiently perform automatic functions, like breathing and blinking, or discretionary responses, like talking and walking. Evidently, this can significantly diminish one’s quality of life.
What are the common causes of neurological injuries?
Importantly, your neurological injury may constitute either a personal injury claim or a medical malpractice claim. But you must file a medical malpractice claim if the at-fault party is any of the following:
- A doctor.
- A nurse.
- An EMS technician.
- A hospital technician.
With that being said, the most common examples of why neurological injuries occur include the following:
- Failure to report neurological conditions or symptoms in a timely manner.
- Failure to treat spinal cord, brain, or nerve injuries in a timely manner.
- Failure to detect, diagnose, or treat brain swelling due to an injury or surgery in a timely manner.
- Failure to detect, diagnose, or treat injuries due to back surgery in a timely manner.
- Failure to conduct childbirth properly.
Do I have a valid medical malpractice claim?
Once you determine that your neurological injuries constitute a medical malpractice claim, you must fulfill your burden of proof. Meaning, you must prove the following as fact:
- The medical professional had a duty of care toward you as their patient.
- The medical professional breached their duty of care.
- You suffered neurological injuries and damages as a result.
For this, we recommend that you reach out to a skilled New York City medical malpractice attorney. Preferably, you should do so before the statute of limitations, which is generally 2.5 years from the date of your accident. Or else, you will be permanently barred from pursuing a lawsuit. Nevertheless, pick up the phone and call our firm today.