Posted On: February 18, 2010

Jury Awards $12 million for Medical Malpractice Resulting in Traumatic Brain Injury

The jury in a medical malpractice trial, recently awarded $12 million for a hospital’s delay in evaluating and transferring an air rifle victim.

According to the Pasadena Star News, twenty-two-year old, Jessica Ramirez, was shot with an air rifle and the pellet entered her brain. Nevertheless, she remained conscious after the shooting and was able to ask for help. She was immediately taken to the hospital, which in turn sent her to another facility for surgery to remove the pellet. However, staff waited 5 hours before transferring her. At trial, the neurosurgeon who removed the pellet testified that, had he been allowed to operate sooner, her outcome would have better. Instead, her injury progressed into a traumatic brain injury that has left her in a persistent vegetative state.

More than $10.6 million of the award was for Jessica’s future medical care.

In many cases, especially those involving brain injuries, prompt evaluation and treatment is necessary to prevent treatable injuries from resulting in permanent damage or death. When doctors, hospitals, and other medical professionals fail to respond in a timely manner, they place their patient’s lives at risk. When this risk results in harm, they can be found liable for medical malpractice.

Click the following link for the full account of this traumatic brain injury verdict.

Posted On: February 5, 2010

11-Year-Old Dies From Brain Trauma Despite Wearing Helmet

An 11-year-old Canadian girl died recently in a skiing accident. Though she was wearing a helmet, the protective device failed to prevent her from sustaining a serious brain injury. Her death highlight the need for parents to be vigilant about choosing the proper helmet when their children go skiing, biking or play sports such as hockey or football. Helmets should fit properly and parents should fit their growing children every year to ensure an appropriate fit. The article covering the girl’s death calls on the Canadian government to enact standards for all helmets to ensure safety in both children and adults. In the U.S., the CPSC has developed standards for bicycling helmets to prevent personal injuries such as traumatic brain injuries and groups such as the ASTM recommend helmets for skiing. To read the full account of the brain injury death that sparked the discussion of ski helmet standards in Canada, follow the link.