If a patient suffers a brain injury during a coil embolization trying to repair an aneurysm, do they have a potential medical malpractice case? Coil embolization is where the doctor takes a tiny coil and either runs it from the groin or from the arm all the way up to the brain because a patient has an aneurysm. If the doctor accidentally lacerates a vein or an artery causing hemorrhaging, resulting in brain injury, the patient and their family should consider consulting with a medical malpractice lawyer to find out what legal recourse they may have.
If you or a loved one has suffered harm because of a medical error or negligence, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine whether it was an appropriate medication for your loved one and if there was any negligence involved in their death.
What Is a Coil Embolization Procedure, and How Can Malpractice Lead to a Brain Injury?
Coil embolization is a minimally invasive procedure used to treat brain aneurysms. Tiny coils are inserted into the aneurysm to promote clotting and prevent rupture. While generally considered safe, the procedure carries risks, and errors during its performance can lead to serious complications, including brain injury.
Malpractice in a coil embolization procedure can occur in several ways:
- Misdiagnosis or improper candidate selection: Performing the procedure on a patient who is not a suitable candidate due to pre-existing conditions or aneurysm characteristics can increase the risk of complications.
- Surgical errors: Errors in inserting or positioning the coils, such as improper placement or using the wrong size, can lead to vessel damage, hemorrhage, or ischemic stroke.
- Inadequate monitoring: Failing to monitor the patient during or after the procedure can result in unaddressed complications, such as coil migration or blood vessel blockage.
- Lack of informed consent: If a physician fails to adequately inform the patient about the risks and alternatives of the procedure, it may constitute malpractice.
Brain injuries resulting from malpractice can include strokes, hemorrhages, or permanent cognitive and physical impairments, significantly impacting the patient’s quality of life.
What Must Be Proven in a Malpractice Lawsuit Related to Brain Injury During Coil Embolization?
To succeed in a malpractice lawsuit related to brain injury during coil embolization, the plaintiff must establish four key elements:
- Duty of care: The healthcare provider had a duty to provide care in accordance with the accepted medical standard. This includes diagnosing, recommending, and performing procedures competently.
- Breach of duty: The provider failed to meet the standard of care. This could involve errors in the procedure, improper use of equipment, or inadequate post-operative care.
- Causation: The breach of duty directly caused the brain injury. It must be shown that the injury would not have occurred if the provider had adhered to the standard of care.
- Damages: The plaintiff suffered measurable harm as a result of the injury. This includes physical, emotional, and financial damages, such as medical expenses, lost wages, and pain and suffering.
Expert testimony is typically required to establish these elements, as medical malpractice cases involve complex technical details that must be explained to the court.
What Types of Evidence Are Used in a Coil Embolization Malpractice Lawsuit?
Several types of evidence are crucial for proving a brain injury malpractice claim related to coil embolization:
- Medical records: Detailed diagnosis, procedure, and post-operative care records are essential. These documents can help identify deviations from the standard of care.
- Imaging studies: CT scans, MRIs, or angiograms taken before, during, and after the procedure can provide evidence of improper coil placement, vessel damage, or resulting brain injuries.
- Expert testimony: Medical experts can evaluate the healthcare provider’s actions, compare them to the standard of care, and testify about how errors caused the injury.
- Informed consent forms: Evidence of whether the patient was adequately informed about the risks and alternatives can establish whether there was a failure to obtain informed consent.
- Witness statements: Testimonies from nurses, technicians, or other staff present during the procedure can provide additional insight into what went wrong.
- Financial documentation: Records of medical bills, lost wages, and other financial losses can help quantify damages.
Collecting and presenting this evidence is critical for establishing liability and securing compensation.
What Compensation Can Be Recovered in a Brain Injury Malpractice Lawsuit?
Victims of brain injury due to malpractice during a coil embolization procedure may recover compensation for various damages, including:
- Medical expenses: This includes past and future costs related to hospitalization, rehabilitation, medication, and long-term care.
- Lost wages: If the injury prevents the victim from working, compensation can cover lost income and reduced earning capacity.
- Pain and suffering: Victims may be awarded damages for physical pain, emotional distress, and diminished quality of life resulting from the injury.
- Disability and disfigurement: If the brain injury leads to permanent disability or cognitive impairments, the victim may receive compensation for the lifelong impact.
- Loss of consortium: Family members may seek damages for the loss of companionship, support, or relationship due to the victim’s injuries.
- Punitive damages: In cases of egregious negligence or willful misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.