Every March, Brain Injury Awareness Month draws attention to one of the most serious and life-altering categories of injury that individuals and families face. For millions of Americans living with acquired brain injuries — and for the families who support them — this month serves as a reminder that these injuries deserve greater public understanding, improved prevention, and stronger legal accountability when they result from someone else’s negligence.
What Is an Acquired Brain Injury?
An acquired brain injury (ABI) is any brain injury that occurs after birth — distinct from conditions that are congenital or hereditary. Unlike a traumatic brain injury caused by a physical blow, an acquired brain injury results from an internal event or medical condition that affects the brain after birth. The Brain Injury Association of America estimates that more than 3.5 million Americans sustain an acquired brain injury each year.
Common causes of acquired brain injuries include:
- Oxygen deprivation — When the brain is deprived of adequate oxygen, even briefly, cells begin to die rapidly. Hypoxic and anoxic brain injuries can result from cardiac events, respiratory failure, anesthesia errors, or complications during birth
- Stroke — Blockage or rupture of blood vessels supplying the brain requires immediate diagnosis and treatment to minimize the extent of permanent damage
- Infection — Meningitis, encephalitis, and other brain infections must be identified and treated promptly to prevent irreversible injury
- Seizure disorders — Prolonged or uncontrolled seizures can deprive brain cells of oxygen or directly injure neural tissue
- Traumatic brain injury — Falls, vehicle accidents, and blows to the head that cause direct physical damage to brain tissue
The Lasting Impact of Brain Injuries
Brain injuries vary enormously in their severity and long-term effects. A mild injury may resolve within weeks with proper care. A severe ABI can permanently alter a person’s ability to think, communicate, move, and engage with daily life. Long-term effects of serious brain injuries commonly include:
- Cognitive difficulties — memory loss, reduced concentration, impaired judgment and problem-solving
- Behavioral and personality changes that can strain relationships with family and friends
- Motor impairments, including weakness, tremors, or partial paralysis
- Speech and language difficulties
- Emotional dysregulation, depression, and anxiety
- Lifelong need for medical care, therapy, and in serious cases, daily assistance
These lasting needs create enormous financial and personal burdens for families — especially when the injury was preventable.
When a Brain Injury Is Caused by Medical Negligence
Not all acquired brain injuries result from unavoidable events. A significant number stem from medical errors — situations where a healthcare provider’s failure to meet the standard of care caused or significantly worsened the injury. Examples include:
- Failure to diagnose and treat a stroke quickly enough to prevent permanent damage
- Anesthesia errors causing oxygen deprivation during a surgical procedure
- Failure to recognize and treat meningitis or encephalitis before irreversible injury occurs
- Birth injuries that deprive a newborn’s brain of oxygen during delivery
- Medication errors affecting blood pressure or oxygenation
- Delayed response to cardiac arrest or respiratory failure in a monitored patient
When medical negligence contributes to a brain injury, the victim and their family may have the right to pursue a medical malpractice claim to recover compensation for the full extent of their losses — past and future medical costs, lost earnings, pain and suffering, and the long-term care the injury requires.
Raising Awareness and Seeking Accountability
Brain Injury Awareness Month is an opportunity to recognize what is at stake for the individuals and families living with these injuries every day. If you or a loved one sustained a brain injury that you believe was caused or worsened by a medical professional’s negligence, Davis & Davis can help you understand your legal options. Contact us at (713) 781-5200 or through our online contact form to schedule a free, confidential consultation.
What is Brain Injury Awareness Month and why does it matter?
Brain Injury Awareness Month is observed every March and is led by the Brain Injury Association of America. Its goal is to reduce stigma, increase public education about brain injury prevention and treatment, and support the millions of Americans living with the long-term effects of brain injuries. It matters because brain injuries — including acquired brain injuries caused by medical errors — are frequently misunderstood, and affected individuals and families often face significant barriers to accessing appropriate care, support, and legal accountability. Raising awareness is the first step toward meaningful change.
What is an acquired brain injury and how is it different from other brain injuries?
An acquired brain injury (ABI) is any brain injury that occurs after birth and is not the result of a congenital condition, hereditary disease, or degenerative disorder. ABIs include traumatic brain injuries caused by external impacts, as well as non-traumatic injuries caused by oxygen deprivation, stroke, infection, seizure, or toxic exposure. What sets ABIs apart is that they occur in a previously developing or developed brain, often dramatically altering cognitive, physical, and emotional functioning that was previously intact. The cause of the ABI matters significantly for both treatment planning and for determining whether legal accountability is appropriate.
Can a medical error cause an acquired brain injury?
Yes. Medical errors are a significant and often underrecognized cause of acquired brain injuries. When a physician fails to diagnose and treat a stroke promptly, an anesthesiologist makes a dosing error that causes oxygen deprivation, or a care team misses early signs of an infection spreading to the brain, the resulting brain damage can be severe and permanent. In birth injury cases, oxygen deprivation during delivery — sometimes caused by delayed response to fetal distress — can cause devastating hypoxic brain injuries. When medical negligence is the cause, the victim or their family may have the right to pursue a malpractice claim.
What compensation can a brain injury malpractice victim pursue in Texas?
Victims of brain injuries caused by medical malpractice may be entitled to compensation for past and future medical expenses — including hospitalization, rehabilitation, therapy, and long-term care; lost wages and reduced earning capacity; assistive devices or home modifications; pain and suffering; emotional distress; and loss of enjoyment of life. For children who sustain brain injuries that affect their development, damages may also account for the child’s diminished future earning capacity. In cases where a brain injury contributes to death, surviving family members may pursue a wrongful death claim in addition to or alongside a survival action by the estate.
How do I know if a loved one’s brain injury was caused by medical negligence?
Determining whether a brain injury was caused or worsened by medical negligence requires a review of the medical records by qualified experts who can assess whether the treating team met the applicable standard of care. Signs that medical negligence may have played a role include a delayed diagnosis of a stroke or infection, an anesthesia event during surgery, oxygen deprivation during a birth, or a failure to respond appropriately to a recognized warning sign. If you suspect that inadequate care contributed to a brain injury, consulting a medical malpractice attorney who can arrange expert review of the records is an important first step.
