Caroselli, Beachler & Coleman, L.L.C.

Brain injuries often requires a lifetime of care

Whatever the headlines may suggest, brain injuries that have come about as a result of medical malpractice almost always are life altering and traumatic in nature. The case of a boy suffering permanent brain injury due to the medical malpractice of two doctors will require lifetime care of the child for 24 hours a day until the child dies.

The child cannot walk or talk, suffers from seizures, will likely retain the mental capacity of a two-year old, and will probably always have a problem feeding himself. The jury award of $1.45 million for non-economic damages and $3.37 million for future medical damages has since been upheld by the state Supreme Court for which the mother and child reside.

Brain injury cases in a medical malpractice setting are difficult only because it's impossible to know how much compensation a person injured in this manner will require. It would take a qualified attorney that practices in the medical malpractice area to make such a determination based on the injuries the patient suffered.

There are 33 states that place caps on non-economic damages. Non-economic damage is compensation for items such as pain and suffering, and some such caps are as low as $250,000.

For a child like the one mentioned above, placing a limit on what will likely be a lifetime of suffering may seem to some to be artificially low. The young boy has been deprived of the right to participate in almost every aspect of life that the rest of us take for granted.

Source: The Huffington Post, "Exposing the Lie of Tort Reform," by Larry Bodine, Oct. 18, 2012

  • In Pennsylvania, bringing a medical malpractice claim for brain injuries caused by medical malpractice can be a complicated process. For more information, please visit our website.

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