What Are Some Of The Ways A Traumatic Brain Injury Can Be Misdiagnosed And What Are The Legal Ramifications?

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Traumatic brain injury covers a broad spectrum of symptoms and disabilities, making it one of the most complex of diagnoses to undertake. In severe cases, traumatic brain injury (TBI) is easily evident. Less severe cases are another story entirely. When TBI isn’t obvious, the risk of traumatic brain injury misdiagnosis and delayed treatment increases.

Delayed treatment comes with its own set of problems including permanent disability and in some cases, even death.

brain injury misdiagnosis and delayed treatmentHow TBI Can Be Missed Or Misdiagnosed

Due to the long-term and life-changing effects TBI can have on a person, early diagnosis is vital in helping a patient recover from or adapt to their injury, but all-too-often TBI is missed or misdiagnosed and patients don’t receive the treatment they need.

Here are three ways brain injury misdiagnosis can occur:

  1. Exams are not made by qualified medical personnel. Traumatic brain injury diagnosis should be undertaken by neurological and psychiatric specialists.
  2. Exams are not made using brain imaging tools. CAT scans, MRIs, SPECTs, and PET scans are all extremely effective at diagnosing TBI, even in the early stages when symptoms may not be evident.
  3. Exams do not involve physical, occupational, and/or speech therapists. Specialists can help identify specific areas of concern or deficits of a patient and identify best treatment options.

In any one of the above situations, the likelihood of misdiagnosis and consequently, brain injury delayed treatment, rises.

The Legal Ramifications Of Brain Injury Misdiagnosis and Delayed Treatment

A traumatic brain injury can affect nearly every aspect of a person’s life. There are physical, emotional, and financial costs. Delayed and missed diagnoses only make these costs higher and more severe, leasing to legal ramifications.

There are two primary legal ramifications of an incorrect or delayed TBI diagnosis:

  • Denial of disability claims. When TBI is misdiagnosed or even delayed, a patient can miss out on disability payments, which could help them adjust to their new way of living and pay for their medical expenses.
  • Medical malpractice. Missed diagnoses and delayed treatment can provide a patient with grounds for a medical malpractice lawsuit. Here in Central Florida, medical malpractice occurs when health care providers fail to provide the prevailing standards of good medical care. This medical negligence is grounds for meeting with a lawyer to bring forth a lawsuit.

Consult An Orlando Brain Injury Attorney If TBI Has Been Misdiagnosed Or Treatment Delayed

A misdiagnosis or delay of treatment for TBI can mean compensation for the injured party. If you or a loved one has suffered from TBI misdiagnosis or delayed treatment, contact Badgley Law Group in Orlando to speak to a medical malpractice attorney right away.

Our traumatic brain injury attorney can help you seek compensation for:

  • Past, present and future medical expenses
  • Lost income and wages
  • Emotional and physical pain and suffering

Contact Badgley Law Group at 407-326-2718 to discuss your situation with a lawyer in a free and confidential setting.

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