When medical care goes wrong, the consequences can be devastating. Among the most severe outcomes are brain injuries from medical malpractice. These injuries can profoundly impact a person’s ability to function, work, and maintain relationships, often requiring lifelong care. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we have spent over 50 years helping clients in Honolulu and across Hawaii seek justice when medical errors cause permanent harm.
How Can Medical Malpractice Cause a Brain Injury?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care, leading to a preventable injury. A brain injury from medical negligence may arise in a variety of situations, including surgical errors, misdiagnosis, and poor post-operative care.
Common causes include a number of avoidable mistakes by medical professionals. These errors may lead to oxygen deprivation or delayed intervention, increasing the risk of permanent brain damage. Some examples include:
- Failure to monitor oxygen levels during surgery or labor and delivery,
- Anesthesia errors resulting in oxygen deprivation,
- Undiagnosed or misdiagnosed strokes or brain infections,
- Surgical errors involving the brain or spine, and
- Delayed treatment for traumatic brain injuries.
In many cases, brain damage occurs when the brain is deprived of oxygen—a condition known as hypoxia or anoxia. Irreversible damage may occur when brain cells do not receive sufficient oxygen, even for a few minutes. Understanding the specific cause of a brain injury is the first step in determining whether medical malpractice occurred.
Types of Brain Injuries Caused by Medical Malpractice
Brain injuries from medical negligence vary widely in cause, severity, and long-term outcome. While some may result in temporary symptoms, others can leave a lasting impact on every part of a person’s life. Understanding the different types of brain injuries caused by medical malpractice can help patients and families recognize when something may have gone wrong in their care.
Hypoxic and Anoxic Brain Injuries
These injuries occur when the brain is partially or completely deprived of oxygen and can result in permanent damage. They are often preventable with appropriate monitoring and intervention. Common causes include:
- Anesthesia complications,
- Failure to replace blood loss during surgery,
- Cardiac arrest during surgery, or
- Failure to recognize and treat respiratory distress.
Immediate response to oxygen deprivation is critical to minimize the extent of injury.
Stroke-Related Injuries
Delayed stroke treatment can be especially dangerous. If a healthcare provider fails to recognize or address a stroke promptly, the result may be irreversible brain damage. Quick intervention is crucial and can significantly affect a patient’s chances of recovery.
Birth Injuries
In the context of labor and delivery, brain injuries in newborns may arise due to medical errors or a failure to act swiftly. Some of the most common scenarios include:
- Prolonged labor,
- Umbilical cord complications,
- Improper use of forceps or vacuum devices, or
- Failure to perform a timely C-section.
Prompt response and careful monitoring during childbirth can prevent many of these outcomes.
Surgical and Postoperative Injuries
Mistakes during or after surgery can have devastating consequences, especially when involving the brain. Errors during neurosurgery, failure to control swelling, or neglect in treating infections can all cause life-altering brain trauma. These situations require careful review to determine whether negligence played a role.
What Are the Long-Term Effects of Brain Injuries?
Brain injuries from medical malpractice often have lasting effects. Some patients never return to their previous level of functioning, even with rehabilitation and medical care.
The long-term effects of a brain injury from medical negligence may include:
- Cognitive impairments—struggles with memory, concentration, or communication;
- Physical limitations—muscle weakness, loss of coordination, or even paralysis;
- Emotional and behavioral changes—mood swings, depression, anxiety, or personality changes; and
- Dependency on others—needing ongoing care, therapy, or assistance with daily activities.
These consequences affect the injured person and place significant emotional and financial burdens on their families.
Can I Sue for a Delayed Diagnosis of a Brain Injury?
Yes. A delayed diagnosis of a brain injury may be grounds for a medical malpractice lawsuit. Prompt treatment can significantly affect outcomes, especially in cases involving strokes, hemorrhages, or infections.
To bring a successful claim, a patient must prove:
- There was a doctor-patient relationship,
- The provider was negligent,
- That negligence caused the injury, and
- You suffered damages.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we have extensive experience gathering medical records, consulting with experts, and building strong cases for victims of delayed diagnosis and other forms of medical negligence.
Legal Options for Brain Injury Victims
If you or your loved one suffered a brain injury due to medical malpractice, you may be entitled to compensation. Victims may be eligible for compensation through a medical malpractice claim. Potential damages include:
- Medical expenses for hospital stays, surgeries, rehabilitation, and therapy;
- Lost income and loss of future earning capacity;
- Pain and suffering;
- Emotional distress; and
- Loss of enjoyment of life.
These damages can help individuals and their families cope with the wide-ranging impact of a serious brain injury. In some cases, Hawaii law may also allow for punitive damages if the provider’s conduct was especially reckless or egregious.
What to Do If You Suspect Medical Negligence
If you believe a brain injury was caused by a healthcare provider’s error, taking immediate action is essential to help preserve important evidence and strengthen your claim. You can begin by:
- Seeking a second medical opinion,
- Gathering all medical records and documentation,
- Keeping track of expenses and the impact on daily life, and
- Speaking with a qualified medical malpractice attorney as soon as possible.
It is also important to know that Hawaii has strict deadlines for filing medical malpractice claims. We can help you determine whether you have a case and guide you through the legal process.
Why Choose Cronin, Fried, Sekiya, Kekina & Fairbanks?
Our firm has represented patients and families throughout Hawaii in some of the most complex and high-stakes medical malpractice cases. We are known for our rigorous case preparation, compassionate service, and record of multimillion-dollar recoveries.
We understand how overwhelming it can be to face a life-changing brain injury. That is why we take on a limited number of cases—so we can dedicate our full attention, resources, and experience to each client. When you work with us, you are not just another case number. You are a part of our community, and we are here to help you move forward. Call us to speak with an attorney who understands the law, the medicine, and the stakes involved.
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