Subdural hematomas form when a head injury causes blood to accumulate within the brain or between the brain and the skull and can be acute or chronic. Rapid bleeding after a severe head injury can cause acute subdural hematomas.
An acute subdural hematoma is among the deadliest of all head injuries. The bleeding fills the brain area very rapidly and compresses brain tissue. It is critical to treat these conditions promptly. Delay in Diagnosis and misdiagnosis can lead to permanent injury or death.
This often results in brain injury or death. Subdural hematomas can also occur after minor head injuries, especially in the elderly. These may go unnoticed for long periods of time. These are called chronic subdural hematomas. Chronic subdural hematomas can develop over weeks, months, or even years. By the time symptoms occur, a hematoma may be very large.
Joe Lyon is a highly-rated Hospital Error Lawyer and Catastrophic Injury Lawyer reviewing subdural hematoma medical malpractice and hematoma misdiagnosis cases nationwide.
The following increase your risk for a subdural hematoma:
• Anticoagulant medication (blood thinners, including aspirin)
• Long-term abuse of alcohol
• Medical conditions that make your blood clot poorly
• Recurrent falls
• Repeated head injury
• Very young or very old age
Chronic subdural hematomas are more common among people with alcoholism, or older people who are relatively prone to falls as well as bleeding. These injuries can lead to small subdural hematomas that may become chronic.
Nurses and physicians should be able to diagnose specific head injuries. Subdural Hematoma medical malpractice may occur if medical professionals misdiagnose hematomas, fail to diagnose or delay in diagnosing the proper head injury, leading to permanent injury or death.
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Symptoms may occur depending on which area of the brain is damaged. Chronic subdural hematomas are more difficult to diagnose because of the length of time between the injury and the development of symptoms. They often cause gradual confusion and memory loss, symptoms similar to those of dementia. Other symptoms may include:
• Confused speech
• Difficulty with balance or walking
• Nausea and vomiting
• Slurred speech
• Increased sleepiness or lethargy
• Persistent vomiting
• Loss of consciousness
• Visual disturbance
After a head injury a medical exam should include a complete neurologic exam. A CT or MRI scan can evaluate the presence of a subdural hematoma. Treatment depends on the type and size of the hematoma, as well as how much pressure has built up in the brain. When nurses and doctors fail to diagnose or delay in diagnosing a serious brain injury, they may be targeted in subdural hematoma medical malpractice lawsuits.
Acute subdural hematomas have high rates of death and injury. Only about 50 percent of people who are treated for a large acute subdural hematoma survive.
Chronic subdural hematomas have better outcomes in most cases. People who are treated for a chronic subdural hematoma usually improve.
Often, small subdural hematomas in adults do not require treatment because the blood is absorbed on its own. If a subdural hematoma is large, however, and is causing symptoms, doctors usually operate. Symptoms often go away after the blood collection is drained.
Following surgery, a period of rehabilitation is sometimes needed to assist the person back to his or her usual level of functioning. Possible long-term complications may include:
• Memory loss
• Difficulty concentrating
• Difficulty speaking
When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care.
Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.
Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.
Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.
Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.
The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.
Conditions that meet the three requirements for identification:
Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.
We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.
The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.
Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.
If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.
There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.
The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.
If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results in medical malpractice and hospital negligence cases.
The process for investigating a medical malpractice claims involves the following steps:
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
(Cincinnati, Ohio): Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley. The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.
(Cincinnati, Ohio): Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged future accountability.