When most people think of a brain injury, they picture a blow to the head, a car accident, or a fall. What many do not realize is that a brain injury does not require any physical impact at all. Non-traumatic brain injuries, also called acquired brain injuries, can result from internal events, medical conditions, or, critically, from errors made by the physicians and healthcare providers who were supposed to prevent them.
If you or a family member suffered a non-traumatic brain injury that may have resulted from a medical mistake, the brain injury attorneys at Davis & Davis are here to help you understand your rights. Steven R. Davis and John A. Davis Jr. have advocated for Houston-area clients in complex medical malpractice cases for decades.
How Non-Traumatic Brain Injuries Differ from Traumatic Ones
A traumatic brain injury (TBI) results from an external physical force, such as a car crash, sports collision, or fall. A non-traumatic brain injury, by contrast, originates inside the body. It may stem from a lack of oxygen, a disease process, a toxic exposure, or a surgical complication. While the external cause is different, the neurological consequences can be equally severe, and in cases where the injury results from a medical provider’s failure to meet the standard of care, the legal remedy is the same: a medical malpractice claim.
Common Causes of Non-Traumatic Brain Injuries
The Brain Injury Association of America identifies acquired brain injuries as one of the leading causes of death and disability in the United States. Some of the more common non-traumatic causes of non-TBI include:
- Reduction or loss of oxygen to the brain from cardiac arrest, heart attack, or cardiopulmonary failure
- Stroke, including ischemic and hemorrhagic events
- Complications arising during intracranial surgery
- Seizures
- Infections causing brain swelling, such as meningitis or encephalitis
- Brain aneurysms
- Metabolic injuries from insulin shock, kidney disease, diabetic coma, or liver failure
- Brain tumors
- Toxic exposures, including kidney failure, substance-induced toxicity, or carbon monoxide poisoning
In many of these situations, a physician who recognized the risk factors and acted promptly could have prevented the injury entirely, or limited its severity. When that opportunity is missed through negligence or inattention, the law may provide a remedy.
Long-Term Effects of a Non-Traumatic Brain Injury
Once the brain sustains damage, the consequences can be lasting and wide-ranging. Survivors may experience:
- Memory loss, both short-term and long-term
- Seizures
- Difficulty sleeping
- Spatial disorientation
- Headaches or migraines
- Speech and language difficulties, such as aphasia or dysarthria
- Trouble with balance and dizziness
- Decreased motor function
- Difficulty with attention and concentration
- Sensory impairment or loss
- Challenges with problem-solving or organizing thoughts
- Personality changes and mood swings
Beyond the physical and cognitive effects, many survivors also struggle with depression, anxiety, aggression, or difficulty controlling impulses. The severity of these consequences ranges widely depending on the location and extent of brain damage, but even moderate non-traumatic brain injuries can permanently alter a person’s ability to work and maintain relationships.
When Medical Negligence Causes a Non-Traumatic Brain Injury
Not every non-traumatic brain injury is the result of someone else’s mistake. But when a physician fails to diagnose a stroke in time, fails to treat a dangerously high fever that leads to brain swelling, or commits a surgical error that deprives the brain of oxygen, the resulting brain damage may be attributable to a breach of the medical standard of care.
Proving this connection requires detailed medical records review and expert testimony from clinicians who can speak to what the standard of care required in your specific situation. A successful Texas medical malpractice claim must show that a reasonably competent physician in the same specialty would have acted differently, and that this failure caused your injury.
If you believe a preventable medical error changed your life or the life of someone you care about, do not wait to seek legal guidance. Contact Davis & Davis to speak with Steven R. Davis or John A. Davis Jr. about what happened and what your legal options may be.
Frequently Asked Questions About Non-Traumatic Brain Injuries and Malpractice
Can a non-traumatic brain injury be the basis for a medical malpractice claim?
Yes, if the brain injury resulted from a physician’s or healthcare provider’s failure to meet the applicable standard of care. Common examples include a failure to timely diagnose a stroke, a surgical error that causes oxygen deprivation to the brain, or a missed infection that leads to brain swelling. Each case requires a careful review of the medical records and an opinion from a qualified medical expert to determine whether malpractice occurred.
What is the difference between a traumatic and non-traumatic brain injury for legal purposes?
A traumatic brain injury results from an external physical force, and a claim typically follows the path of personal injury or negligence law. A non-traumatic brain injury has an internal origin, and when it results from a medical error, it is addressed through medical malpractice law. The legal standards and procedural requirements differ, which is why representation by an attorney with specific medical malpractice experience matters.
How long do I have to file a non-traumatic brain injury malpractice claim in Texas?
Texas law generally imposes a two-year statute of limitations on medical malpractice claims, running from the date of the negligent act or from when you discovered, or should have discovered, the harm. There are limited exceptions, including for claims involving minors. Waiting too long can permanently bar your claim, so it is important to speak with a Texas medical malpractice attorney as soon as possible after the injury.
What damages are available in a Texas brain injury malpractice case?
In a successful Texas medical malpractice claim, you may recover economic damages such as past and future medical costs, lost wages, and the cost of long-term care or rehabilitation. You may also recover non-economic damages for pain, suffering, and loss of quality of life, subject to the caps Texas places on non-economic awards in medical malpractice cases. An attorney can provide a realistic assessment of what your claim may be worth.
What evidence do I need to support a brain injury malpractice claim?
The core of a Texas medical malpractice case is medical records and expert testimony. Your attorney will obtain your complete records, identify where the standard of care was not met, and retain qualified medical experts to support your claims. Documentation of your injuries, ongoing treatment, lost income, and the impact on daily life also strengthens the case. Preserving all records and seeking legal guidance early helps protect the integrity of that evidence.
