Cleveland Birth Brain Injury Lawyer

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Brain Injury Lawyer: Cleveland

In my 40+ years representing injured victims, I’ve seen a lot of horrible things, but nothing is more devastating than a severe brain injury. Even more heartbreaking is when a brain injury occurs to an infant during birth. This alters the course of their lives, and the lives of their family members, forever.

All too often I find that doctors tell their patients and their patient’s families that the brain injury suffered by their child could not have been avoided. Too often, this information could not be farther from the truth. Often times, birth brain injuries are actually the result of a medical mistake that was entirely preventable.

As an experienced Cleveland brain injury lawyer, I can help you get the answers and compensation you deserve if you or a loved one has suffered a traumatic brain injury (TBI).

Infant Traumatic Brain Injuries

When an infant suffers a brain injury during birth, it’s often difficult to pinpoint the specific cause of the injury. Devastated parents reach out to me to investigate what transpired during the birth of their beautiful child and to hold negligent parties accountable. A brain injury during birth may be the result of a number of factors, but typically, birth brain injuries are associated with one or more of the following:

Lack of oxygen to the brain

Known medically as Anoxia, a lack of oxygen to the brain may occur during birth when doctors allow the baby to remain in the birth canal for too long. Lack of oxygen to the brain may also be the result of incorrect medications, a failure to recognize that the umbilical cord is wrapped around the child’s neck, or failure to perform a C-section in a timely manner. Experienced brain injury attorneys, like myself, know how to get answers for distraught parents. It is my job to help families obtain fair compensation to offset the cost of the life-long medical treatment.

Failure to treat an infection in the child or the mother before birth

During pregnancy, the fetus, the mother or both may develop an infection. Failure to identify and then promptly and properly treat the infection may result in a brain injury to the infant. If a medical professional does not provide a standard of care (the degree of care a prudent person would exercise under similar circumstances), they are guilty of negligence and must be held accountable.

Head trauma to the infant during birth

The birthing process can be very traumatic for an infant. Doctors often use delivery instruments, such as forceps and vacuum extractors to assist in the birthing process. Incorrect use of delivery instruments may result in permanent brain injury to the child. As one of the top Cleveland brain injury lawyers, I will find out exactly what happened and I’ll Make Them Pay!®

Types of Brain Injuries

Closed Head Injuries

Closed head injuries occur when there is an impact or blow to the head without penetration or fracture of the skull. This can lead to conditions such as intracranial hemorrhage, and brain contusions. Infants may experience closed head injuries from falls, car accidents, abusive shaking (shaken baby syndrome), or accidental blunt force trauma to the head.

Conditions: Closed head injuries in infants can result in conditions such as:

  • Skull fractures: Breaks in the bones of the skull.

  • Intracranial hemorrhage: Bleeding within the brain.

  • Contusions: Bruising of brain tissue.

  • Cognitive deficits: Impairments in memory, attention, and problem-solving.

  • Seizures: Uncontrolled electrical activity in the brain.

  • Developmental delays: Delays in reaching developmental milestones.

Mild Traumatic Brain Injury (mTBI)

mTBI, also known as a concussion, is characterized by a brief loss of consciousness (if any) and mild symptoms such as confusion, headache, and temporary cognitive deficits. In infants, mTBI can result from falls, minor car accidents, or abusive shaking.

Conditions: mTBI in infants may result in conditions such as:

  • Post-concussion syndrome: Persistent symptoms such as headache and dizziness.

  • Cognitive impairments: Difficulty with memory, concentration, and learning.

  • Behavioral changes: Emotional instability and irritability.

  • Sensory disturbances: Altered vision or hearing.

  • Developmental delays: Slowed progress in physical and cognitive skills.

Acquired Brain Injury (ABI)

Acquired Brain Injury refers to any damage to the brain that occurs after birth, but is not related to a congenital or degenerative condition. It can encompass various types and severities of brain injuries. ABI in infants can result from accidents, infections, oxygen deprivation, and abusive trauma.

Conditions: Acquired Brain Injury in infants can lead to a range of conditions, including:

  • Developmental delays: Slower progression in physical and cognitive development.

  • Motor deficits: Difficulty with movement and coordination.

  • Sensory impairments: Altered vision, hearing, or sensory processing.

  • Cognitive disabilities: Challenges in learning, memory, and problem-solving.

  • Behavioral disorders: Emotional and social difficulties.

Hypoxic Brain Injuries

Hypoxic brain injuries occur when there is a partial reduction in the oxygen supply to the brain, leading to cell damage and impairments. In infants, this can result from birth complications such as umbilical cord compression, meconium aspiration, or respiratory distress.

Conditions: Hypoxic brain injuries in infants may result in conditions such as:

  • Cerebral palsy: A group of movement disorders.

  • Intellectual disabilities: Impaired cognitive function.

  • Motor function deficits: Difficulty with movement and muscle control.

  • Seizures: Uncontrolled electrical activity in the brain.

  • Speech and language delays: Impairments in communication.

Anoxic Brain Injuries

Anoxic brain injuries are more severe than hypoxic injuries and occur when the brain completely lacks oxygen, causing significant and often irreversible damage to brain cells. For babies, anoxic brain injuries may result from severe respiratory distress, choking, or prolonged periods of oxygen deprivation during birth.

Conditions: Anoxic brain injuries are severe and may lead to conditions such as:

  • Profound cerebral palsy: Severe motor and cognitive impairments.

  • Profound intellectual disabilities: Severe cognitive deficits.

  • Dependency on medical care: Lifelong need for intensive medical support.

  • Seizures: Frequent and severe seizures.

  • Limited quality of life: Significant challenges in daily functioning.

In all cases of infant brain injuries, early diagnosis and intervention are crucial to mitigate the potential conditions and provide appropriate treatment and support. Brain injury victims often require specialized care, including physical and occupational therapy, speech therapy, and ongoing medical monitoring to manage the long-term effects of these injuries.

Preventative measures such as ensuring a safe environment and recognizing and addressing medical conditions during pregnancy are paramount. These measures during childbirth are essential for reducing the risk of brain injuries in infants.

I am a highly experienced traumatic brain injury attorney. If your child suffered any of the above mentioned injuries you need to call me. Medical professional must provide all of the necessary preventative measures, and if they do not, must be held accountable. I’ll Make Them Pay!®

Medical Treatment for Brain Injuries

Surgery

Surgery may be required to remove a hematoma (a collection of blood) or to repair damaged blood vessels or skull fractures. It can also involve the insertion of devices to monitor or control intracranial pressure. Surgery is invasive and comes with inherent risks, such as infection, bleeding, or complications from anesthesia. Recovery can be difficult due to pain, the potential need for long-term rehabilitation, and the emotional toll of undergoing a major medical procedure.

Medication

Medications are often prescribed to manage traumatic brain injury-related symptoms, such as pain, seizures, or to reduce inflammation and intracranial pressure. Patients may experience side effects from medications, including dizziness, drowsiness, mood changes, and the need for ongoing medication management. Unfortunately, some medications may also have limited effectiveness in managing symptoms.

Rehabilitation Therapy

Rehabilitation includes physical therapy, occupational therapy, and speech therapy to help patients regain lost function and improve their quality of life. This can be physically and emotionally demanding. Patients may face frustration, fatigue, and the need for consistent effort over an extended period. Progress can be slow, and setbacks may occur.

Cognitive Rehabilitation

Another form of rehabilitation is cognitive rehabilitation. This focuses on improving cognitive function such as memory, attention, and problem-solving through specialized exercises and strategies. Patients may find cognitive rehabilitation challenging, as it often requires significant mental effort and perseverance. Frustration and impatience may arise when dealing with cognitive deficits.

Nutritional Support

Proper nutrition and hydration are essential for brain healing. Nutritional support may involve tube feeding or intravenous (IV) nutrition. Patients who require tube feeding or IV nutrition may face discomfort, dietary restrictions, and the need for ongoing monitoring and adjustments to ensure optimal nutrition.

Psychological Counseling

Counseling helps patients cope with the emotional and psychological impact of a traumatic brain injury, such as depression and anxiety. Addressing emotional and psychological challenges can be emotionally taxing. Patients may need to develop coping strategies, which can be difficult but necessary for emotional well-being.

Assistive Devices and Technology

Patients with severe TBI may benefit from assistive devices such as wheelchairs, communication aids, or home modifications to enhance independence. Adapting to assistive devices can be challenging both physically and emotionally. Patients may experience frustration and the need for extensive training and support.

Hyperbaric Oxygen Therapy (HBOT)

Hyperbaric Oxygen Therapy involves breathing pure oxygen in a pressurized chamber to increase oxygen levels in the blood and promote healing. While some studies suggest benefits, the effectiveness of HBOT for TBI is still debated, and access to hyperbaric chambers may be limited. Patients undergoing HBOT must tolerate the confined space and pressure changes.

Each treatment plays a vital role in the recovery and management of traumatic brain injuries. However, they can pose significant challenges for patients, ranging from physical discomfort and frustration to emotional and psychological hurdles. A comprehensive and multidisciplinary approach to care is essential to address the complex needs of TBI patients and support their journey towards recovery.

When someone suffers a brain injury, especially if he or she is just a child, it so important that all treatment is available for them to live a full and healthy life. Unfortunately, many of these treatments are very expensive. As a traumatic brain injury lawyer, I am here to help you get the financial help you need so that all options are available. Call me, and I’ll Make Them Pay!®

Cost of Brain Injury Treatment

The costs associated with brain treatment, particularly in brain injury cases can be substantial. Medical treatment for traumatic brain injury cases often involves a range of expenses, including hospitalization, surgery, medications, and rehabilitation therapies. These costs can quickly add up, especially if the injury is severe and requires long-term care and follow-up appointments.

Additionally, patients may incur expenses related to assistive devices, specialized equipment, and home modifications to enhance their quality of life and independence. These adaptations and aids are crucial for individuals with brain injuries to regain some semblance of normalcy, but they can be costly. Also, psychological counseling and therapy to address emotional and mental health can also contribute to the overall costs of brain injury treatment. Coping with the psychological consequences of a brain injury is often a long and challenging journey, requiring ongoing support and financial resources.

In some instances, individuals with brain injuries may require ongoing care and support, which can result in long-term financial burdens for both the patients and their families. The cumulative expenses associated with brain injury treatment can be overwhelming, impacting not only the physical and emotional well-being of the patient but also their financial stability.

I’ll Make Them Pay!®

If your doctor had correctly monitored you and your child, was aware of important warning signs, and responded quickly to any issues, these tragedies would not occur.

Brain injuries in newborns often result in permanent disabilities, such as Cerebral Palsy, mental retardation, impaired learning, impaired motor skills, and behavioral problems. These disabilities require life-long care and are devastating to a family, both emotionally and financially.

My goals when representing your family for the brain injury suffered by your newborn are two-fold: 

First and foremost, I want to help you obtain fair and just compensation for your child’s traumatic brain injury. Secondly, I want to change policy, so that the brain injury your child suffered never happens to anyone else. With my experience and resources, I am able to fight for my clients and get them the compensation they need to lead as normal of a life as possible.

A child who suffered a brain injury at birth may need care for the rest of his or her life. This could mean rehabilitation, special education, therapy, special equipment, and/or around-the-clock care. Other forms of compensation may include: current and future medical bills, lost earning capacity, and pain and suffering,

What you can expect from me as your brain injury lawyer

If I take your case, I am happy to meet with you at a time and place that is most convenient for you. I will give you my direct dial cell phone number, so you will have complete access to me. I do this because I understand my clients’ needs do not fit neatly into a 9-5, Monday through Friday work schedule.

My fee is on a contingency basis, which means I will be paid a percentage of your awarded compensation. If I am your brain injury lawyer, you will not pay one cent unless your case is successful. I also pay any and all costs associated with your case.

If you or a loved one has suffered a traumatic brain injury, you need to call me right away!

As your Cleveland brain injury lawyer, I’ll be there for you and I’ll Make Them Pay!®

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THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
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4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.