A brain injury is any injury that temporarily or permanently affects the function of a person’s brain, with repercussions that may range from something as minor as poor concentration to severe memory loss, cognitive impairment, and permanent physical disabilities. Brain injuries may result from nearly any sort of accident, the use of or exposure to defective products, or medical mistakes made during child-birth or patients’ treatment and care. When brain injuries are found to have been caused by someone’s negligence or a defective product, the injured person may be entitled to financial compensation from the responsible parties.
If you or your child has been diagnosed with a brain injury and you have reason to suspect that the injury was due to someone’s negligence or a defective product, you may be able to recover damages from the negligent individual or entity or the manufacturer and others involved in the defective product’s production and distribution through a negligence or products-liability personal-injury action. The Killino Firm’s brain-injury lawyers have extensive experience with brain-injury cases, including those arising out of brain injuries caused by birth trauma, children’s accidents, negligence, medical malpractice, or defective products. Contact The Killino Firm at 415-278-9278 for a cost-free evaluation of your case and additional information about your legal rights and options.
Brain Injuries Caused by Car and Other Accidents
Brain injuries may occur in a wide variety of accidents. Traffic-accidents, for example, may result in brain injuries when victims’ heads are struck or violently shaken in collisions. Motorcyclists are particularly vulnerable to serious brain injuries through ejection from bikes onto pavement or into other vehicles or stationary objects. Drivers who are found to have negligently caused such accidents and brain injuries may be held liable for victims’ resulting damages.
A non-fatal drowning accident that sufficiently cuts off oxygen to a person’s brain may also result in permanent and serious brain injury. Homeowners who negligently fail to erect pool fences to adequately prevent children’s access to pools are frequently found to have caused such brain injuries to children and may be held liable for the damages suffered by these children as a result. Falls sustained in negligently maintained apartment or office buildings or on negligently maintained amusement-park grounds, for instance, may result in victims’ brain injuries and the liability of business owners, apartment managers, and groundskeepers responsible for maintaining such buildings or land.
Brain Injuries Caused by Defective Products
Various types of defective and dangerous products, from motor vehicles to household appliances to children’s toys can cause brain injuries to those who use or are exposed to them. Defective seatbelts that do not adequately restrain vehicle occupants, for example, may lead to head trauma and brain injuries when occupants are propelled into vehicles’ interior surfaces or windshields in traffic accidents. Household furnaces with defective ventilation systems may leak carbon monoxide and cause asphyxiation brain injuries to residents. Toys with small parts that easily come off may lead to serious brain injuries in children who choke on such parts.
When products are found to contain defects in their design, manufacture, or warnings, those who produce and distribute them may be held strictly liable, through products-liability personal-injury actions, for brain injuries caused by the products’ defects. Strict liability means liability without proof of negligence or other fault, so that a person who has sustained a brain injury from a defective product need only establish that the product was defective at the time it was sold and at the time the plaintiff’s accident occurred and that the defect was a cause of the plaintiff’s brain injury. Defendants who may be held strictly liable in products-liability actions include the designers, manufacturers, suppliers, assemblers, wholesalers, and others involved in the products’ production and distribution.
Brain Injuries Caused by Medical Malpractice
Brain injuries frequently result from surgical, medication, or anesthesia errors; mistakes made during child-birth; failures to diagnose or adequately treat certain conditions and illnesses; and other incidences of medical malpractice. An anesthesiologist’s negligent monitoring of a patient’s vital signs or operation of equipment, for example, may result in a patient’s oxygen deprivation and resultant brain injury. Errors in the prescription or administration of medications may also cause serious and permanent brain injuries when, for example, brain-swelling occurs in response to medication overdoses.
Physicians who negligently fail to diagnose or timely treat certain illnesses and conditions may also cause patients’ temporary or permanent brain injuries. Delayed treatment of brain hemorrhages, brain tumors, and strokes, or of illnesses such as encephalitis or meningitis can lead to brain injuries that might have been prevented through timely diagnosis and treatment.
Healthcare providers may also negligently cause brain injuries during childbirths. A physician’s or nurse’s negligent monitoring of a mother’s and fetus’s vital signs, for instance, may result in a child’s asphyxiation birth injury—such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy (CP)—caused by the failure to timely and adequately respond to maternal or fetal distress. Brain injuries may also be caused during childbirth by negligent use of delivery assistance devices such as forceps or vacuums. In these cases and others, healthcare providers and the hospitals, clinics, and other entities that employ them may be held liable for patients’ brain injuries determined to have been caused by negligent medical care.
If you or your child has sustained any type of brain injury due to someone’s negligence or a defective product, The Killino Firm’s San Francisco brain-injury attorneys are ready to fight for the justice you deserve from all those responsible for your or your child’s injury. Contact The Killino Firm at 415-278-9278 for compassionate yet aggressive assistance with your case.