Brain injuries are among some of the most traumatic and devastating injuries that one can sustain.
They are also more common than you might expect.
According to the Centers for Disease Control and Prevention (CDC), there were approximately 2.87 million traumatic-brain-injury-related emergency department visits, hospitalizations, and deaths in the United States in 2014 alone.
A severe brain injury can have a significant impact on a victim and their family.
Between medical expenses, time away from work, and emotional trauma, working toward recovery can feel like an uphill battle.
But don’t give up hope—know that you don’t have to go through this alone.
If you or a loved one has sustained a traumatic brain injury, we want to help. At Poulos & Cavazos, LLP, we focus exclusively on medical malpractice claims.
Thus, we know how to navigate the complexities of a claim related to a brain injury.
So if you are looking for an experienced brain injury lawyer in Las Cruces, New Mexico, give our team a call (575) 376-6583 today or contact us online.
Let’s discuss your case and see what we can do to help you recover.
What New Mexico Brain Injury Lawyers Want You to Know
Before you decide what to do next, here’s a quick rundown of what matters most in a brain injury malpractice claim.
- A traumatic brain injury (TBI) is a disruption in normal brain function caused by a bump, blow, jolt, or penetrating injury to the head, with effects ranging from subtle to severe.
- Warning signs of a TBI include confusion, memory loss, dizziness, slurred speech, and loss of motor function, and any of these calls for immediate medical attention.
- Medical malpractice is one of the most common causes of TBI, often stemming from a failure to diagnose a condition or provide timely care that a reasonably prudent provider would have given.
- Under New Mexico law, a brain injury malpractice claim can be brought against doctors, hospitals, nurses, physician assistants, and other healthcare staff and their employers.
What Is a Traumatic Brain Injury?
The CDC defines a traumatic brain injury (TBI) as a “disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” TBI effects vary, and range from subtle to obvious and tragic.
TBI is a major cause of death and disability in the United States and can have lasting impacts on individuals and their families.
What Are Common Causes of a TBI?
TBI can result in a variety of circumstances. Examples of situations that may result in TBI include:
- Falls,
- Being struck by or against an object,
- Motor vehicle crashes, and
- Medical malpractice.
No matter the situation, the fact remains that TBI is a severe injury that can change your life. Consider contacting a Las Cruces brain injury attorney from Poulos & Cavazos to help you on the pathway toward recovery.
What Are Signs of a TBI?
Failure to promptly recognize a brain injury can often lead to even more severe impacts. Thus, it is important to know and recognize the signs of TBI.
Common signs and symptoms of TBI include:
- Confusion,
- Disorientation,
- Headaches,
- Memory loss,
- Dizziness,
- Ringing in the ears,
- Slurred speech,
- Loss of motor function,
- Nausea and vomiting,
- Agitation or combativeness, and
- Anything that resembles a stroke.
If you or a loved one is experiencing any of the above symptoms, this might be cause for concern. Make sure to seek medical attention immediately.
Recovery Starts With Being Heard
A brain injury touches every part of life, from medical appointments and rehab to lost income and the emotional weight of not knowing what recovery looks like. It’s a lot to carry, and you don’t have to carry it alone. We’re here to listen to your story, explain your options in plain language, and help you figure out what to do next, at no cost and with no pressure.
Schedule A Free ConsultationTraumatic Brain Injuries and Medical Malpractice Claims
There are many causes of traumatic brain injuries. However, one of the most common causes is medical malpractice.
Medical Malpractice and Elements of Liability
As a general matter, a medical malpractice claim is a type of negligence claim. Under a negligence theory of liability, a claimant must be able to prove the existence of four elements:
- Duty,
- Breach,
- Causation, and
- Damages.
Essentially, the victim (and her/his lawyer) must be able to prove that the negligent party breached their duty of care by failing to act reasonably under the circumstances.
Then, the victim must also prove that this breach caused the victim to suffer damages as a result.
What Constitutes Negligence in a Medical Setting?
In the medical context, you must specifically be able to show that a medical provider breached their duty of care to the plaintiff.
This means that you must prove that the provider failed to act with the same level of ordinary care and skill that a reasonably prudent professional would have used under the same or similar circumstances.
For example, if a medical professional fails to diagnose a patient’s condition or fails to provide timely care, and this failure results in brain injury to the patient, that medical professional may be liable for medical malpractice.
Who May Be Responsible in My Brain Injury Medical Malpractice Case?
Under New Mexico law, a medical malpractice case may be brought against any responsible health care provider. Healthcare providers might include:
- Doctors of any specialty (whether MDs or DOs),
- Hospitals and their employees,
- Clinics and their employees,
- Physician Assistants,
- Nurse Practitioners,
- Nurses, and
- Any other Staff and Employees of the above entities.
If the negligence of any healthcare provider contributed to your brain injury, contact a Poulos & Cavazos brain injury attorney today to discuss your options for recovery.
You’re Allowed to Ask What Really Happened
If a medical mistake played a role in a brain injury to you or someone you love, you deserve real answers, not just more appointments and uncertainty. We’ll sit down with you, go over what occurred during your care, and help you understand whether the standard of care fell short and what your family can do about it.
Schedule A Free ConsultationHow a New Mexico Traumatic Brain Injury Attorney Can Help
Dealing with a brain injury can be overwhelming, especially when your injury is the result of medical malpractice that could have been avoided.
If you don’t know where to begin, contact an attorney for your brain injury case in New Mexico as soon as practicable. An experienced Las Cruces brain injury attorney at Poulos & Cavazos can help you:
- Collect valuable evidence and information;
- Assess your claims and determine what damages you may be able to recover;
- Negotiate with opposing parties; and
- Prepare to take your case to trial when necessary.
People often worry about the cost of hiring an attorney. However, having an attorney in your corner is actually one of the best things you can do for your case.
A knowledgeable medical malpractice attorney at Poulos & Cavazos can help you navigate your case and fight for your rights.
Contact a Brain Injury Lawyer in New Mexico Today
Sustaining a brain injury can be scary and traumatizing, especially in the medical context.
When you engage a professional to provide medical services, you expect that they will do so skillfully, reasonably, and with extreme care.
In fact, medical professionals have a legal duty to adhere to this standard of care.
Unfortunately however, sometimes medical providers do not meet this standard.
When this happens, know that you have rights and we want to help.
At Poulos & Cavazos, LLP our team of trial lawyers focuses specifically on medical malpractice claims.
We have extensive resources and an in-depth understanding of this particular area of the law.
If you have questions about your potential case, contact our Las Cruces-based brain injury attorneys today for a free consultation.
We have been serving clients throughout New Mexico for over 60 years, and we look forward to discussing your potential claims with you too.
FAQs About New Mexico Brain Injury Lawyers and Malpractice Claims
Here are answers to questions people in New Mexico often ask about traumatic brain injury malpractice cases.
A traumatic brain injury (TBI) is a disruption in the normal function of the brain caused by a bump, blow, jolt, or penetrating injury to the head. Effects range from subtle, such as brief confusion, to severe, life-altering impairment, and TBI is a leading cause of death and disability in the United States.
Common signs include confusion, disorientation, headaches, memory loss, dizziness, ringing in the ears, slurred speech, and loss of motor function. Any of these symptoms, especially after a medical procedure or delayed diagnosis, warrants immediate medical attention.
Medical malpractice is one of the most common causes of TBI when a provider fails to diagnose a condition or provide timely care that a reasonably prudent professional would have given under the same circumstances. That failure to meet the standard of care can directly result in serious, lasting brain injury.
Nothing upfront. Poulos & Cavazos, LLP offers a free consultation to discuss the details of your potential brain injury claim. That conversation is also when you can ask about the firm’s fee arrangement for pursuing a medical malpractice case.
