Traumatic Brain Injury Lawyer

Medical Malpractice And Negligence Compensation

Why Brain Trauma From Medical

Malpractice Demands Specialized Legal Representation

Traumatic brain injuries cause permanent cognitive deficits, personality changes, and memory loss that profoundly impact every aspect of victims’ lives. When brain injuries result from medical malpractice—including anesthesia errors, surgical mistakes, birth injuries, and delayed diagnosis—victims face not only devastating neurological damage but also complex legal challenges proving healthcare provider negligence. These cases demand medical malpractice lawyers who understand both neuroscience and Texas healthcare liability laws.

Common Pain Points Brain Injury Victims Face:

• Medical Malpractice Brain Injuries: Anesthesia errors causing oxygen deprivation, surgical mistakes damaging brain tissue, and birth injuries from delivery negligence cause preventable brain trauma
• Permanent Cognitive Impairments: Executive function deficits, memory loss, attention problems, and processing speed reductions prevent returning to previous employment
• Invisible But Devastating Disabilities: Victims appear physically recovered while suffering cognitive deficits insurance companies and medical providers dismiss
• Complex Expert Requirements: Texas medical malpractice law requires expert reports from qualified physicians proving negligence within strict 120-day deadlines
• Massive Lifetime Care Costs: Cognitive rehabilitation, neuropsychology services, psychiatric treatment, and potential 24/7 supervision cost millions over decades
• Lost Earning Capacity: Brain injuries often end careers in cognitively demanding fields requiring decades of income replacement
• Powerful Hospital Defense Teams: Major medical centers employ experienced defense attorneys who aggressively fight malpractice claims
• Damage Caps Limiting Recovery: Texas caps non-economic damages at $250,000 per physician and $250,000 per hospital for medical malpractice cases

Many Austin brain injury victims discover their devastating cognitive impairments resulted from preventable medical errors, then face both insurance companies and hospital defense teams minimizing their claims.

Why Choose Djiba Law

For Brain Injury And Medical Malpractice Claims

Austin brain injury victims need medical malpractice lawyers in Austin who understand both complex medical procedures causing brain trauma and Texas healthcare liability statutes. Djiba Law represents Travis County patients harmed by medical negligence and traumatic accidents with specialized expertise navigating expert report requirements, damage caps, and aggressive hospital defense teams.

What Sets Our Brain Injury And Medical Malpractice Practice Apart:

• Deep understanding of medical procedures, anesthesia protocols, and healthcare standards that when breached cause brain injuries
• Strategic collaboration with neurologists, neuropsychologists, and physician experts who review records and testify about negligence
• Experience with medical malpractice brain injuries including anesthesia errors, birth trauma, and surgical mistakes alongside vehicle crashes and falls
• Aggressive pursuit of maximum compensation within Texas damage cap limitations from all responsible parties
• Knowledge of Austin’s major medical centers, hospitals, and neurology practices throughout Central Texas
• Transparent communication with regular case updates throughout extended medical malpractice and brain injury litigation
• Proven track record securing substantial settlements for brain injury victims facing permanent cognitive disabilities

Traumatic Brain

Injury Lawyer

Specialized legal representation for Austin brain injury victims securing maximum compensation for cognitive impairments from medical malpractice, vehicle crashes, and negligence throughout Travis County.

Proudly Serving

Travis County And Beyond

How We Deliver

Consistent Results

Our Proven Methodology:

• Immediate investigation of medical records and accident evidence documenting healthcare provider negligence or injury circumstances
• Retention of board-certified physician experts who review medical records and provide required expert reports within Texas deadlines
• Collaboration with neurologists and neuropsychologists who conduct comprehensive cognitive testing documenting brain injury severity
• Strategic pursuit of all liable parties including healthcare providers, hospitals, drivers, and property owners
• Coordination with life care planners calculating decades of cognitive rehabilitation and medical treatment costs
• Internal linking between related practice areas including catastrophic injury and medical malpractice claims
• Detailed documentation of cognitive deficits, personality changes, and quality-of-life impacts from permanent brain damage
• Continuous monitoring of medical malpractice law, brain injury research, and case law affecting compensation

Our Process

At A Glance

➤ Strategic Negotiation & Trial Preparation

We serve timely expert reports meeting Texas requirements, present comprehensive neuropsychological evidence and life care plans, negotiate with hospital defense teams and insurance carriers, prepare for litigation while pursuing settlements, and remain trial-ready when negligent providers refuse adequate compensation for permanent cognitive impairments.

Frequently Asked

Questions

How much does a medical malpractice lawyer in Austin cost for brain injury cases?

Medical malpractice attorneys work on contingency, meaning no upfront fees. The attorney receives a percentage only if you win, typically 33-40% of the settlement or verdict. This allows brain injury victims to access specialized legal representation during expensive recovery without financial barriers.

What types of medical malpractice cause traumatic brain injuries?

Common medical errors causing brain injuries include anesthesia mistakes causing oxygen deprivation, surgical errors damaging brain tissue, birth injuries from delivery negligence including delayed C-sections, delayed stroke diagnosis allowing preventable brain tissue death, and medication errors causing seizures or anoxic events.

How much is my brain injury medical malpractice case worth in Austin?

Values depend on injury severity, whether medical malpractice caps apply, cognitive deficit extent, age, previous income, and lifetime rehabilitation needs. Medical malpractice non-economic damages are capped at $250,000 per physician and $250,000 per hospital, but economic damages including lost wages and medical expenses have no caps. Life care plans often project $3-8 million for severe brain injuries.

What is the expert report requirement for medical malpractice brain injury cases?

Texas law requires plaintiffs to serve an expert report from a qualified physician within 120 days of filing suit proving the healthcare provider’s negligence caused the brain injury. This report must detail the standard of care, how it was breached, and how the breach caused injuries. Failure to timely serve proper reports results in case dismissal.

How long does a brain injury medical malpractice case take to resolve?

Medical malpractice brain injury cases typically take 24-36 months due to expert report requirements, extended neurological evaluation, multiple cognitive assessments, and aggressive hospital defense teams. These cases are more complex than typical personal injury claims requiring extensive medical record review and expert testimony.

Can I sue for a brain injury caused by anesthesia errors?

Yes. Anesthesia errors causing brain injuries through oxygen deprivation, medication mistakes, or inadequate monitoring constitute medical malpractice. Common scenarios include failure to properly intubate, incorrect medication dosages, inadequate monitoring during surgery, and delayed response to complications causing anoxic brain injury.

What if my loved one suffered a brain injury during birth?

Birth injury, brain damage from oxygen deprivation, delayed C-sections, improper use of delivery instruments, or inadequate fetal monitoring constitutes medical malpractice. These cases require physician experts in obstetrics and neonatology proving the healthcare providers breached standards of care causing preventable brain trauma including cerebral palsy and hypoxic-ischemic encephalopathy.

How do I prove cognitive impairments from medical malpractice?

Comprehensive documentation includes medical records showing the negligent care, baseline neuropsychological testing documenting cognitive deficits, advanced imaging like MRI showing brain damage, treating neurologist testimony on impairment permanence and causation, and physician expert reports proving the medical error caused the brain injury within Texas medical malpractice requirements.

How Our Brain Injury

Suite Works In Austin

Medical Malpractice Brain Injury Attorney

Hold Healthcare Providers Accountable For Preventable Brain Trauma

Medical malpractice causes devastating brain injuries when healthcare providers breach standards of care through anesthesia errors, surgical mistakes, delayed diagnosis, and treatment failures. Our medical malpractice lawyers in Austin handle complex cases where preventable medical errors cause permanent cognitive impairments requiring lifetime care. We work with board-certified physician experts who review medical records identifying departures from accepted medical practice, neurologists who document brain injury severity through clinical examination and advanced imaging, and neuropsychologists who conduct comprehensive cognitive testing proving permanent deficits. Common medical malpractice brain injury scenarios include anesthesia-induced hypoxia causing anoxic brain injury, surgical errors during brain or spinal procedures causing neurological damage, delayed stroke diagnosis allowing preventable brain tissue death, and medication errors causing seizures or hypoglycemic brain damage. Texas medical malpractice law requires expert reports within 120 days proving negligence—we coordinate with qualified experts ensuring timely compliance. Damage caps limit non-economic recovery to $250,000 per physician and $250,000 per hospital, making economic damages including lost earning capacity and lifetime medical costs crucial. Learn more about our catastrophic injury practice for severe medical negligence cases.

Anesthesia Error Brain Injury Lawyer

Maximum Compensation For Oxygen Deprivation And Anesthesia Mistakes

Anesthesia errors cause devastating brain injuries through oxygen deprivation, medication mistakes, and inadequate monitoring during surgery. Our medical malpractice attorneys pursue compensation from anesthesiologists, certified registered nurse anesthetists (CRNAs), and hospitals when negligent anesthesia care causes preventable brain damage. We work with anesthesiology experts who review operative records identifying breaches of care including failure to properly intubate causing hypoxia, incorrect medication dosages causing cardiac arrest and anoxic injury, inadequate monitoring allowing undetected oxygen desaturation, delayed response to complications causing prolonged oxygen deprivation, and awareness during surgery causing psychological trauma. Anoxic brain injuries from anesthesia errors cause profound cognitive impairments, personality changes, memory deficits, and often require 24/7 care depending on oxygen deprivation duration. We prove causation through medical records documenting the anesthesia error, MRI showing characteristic anoxic brain injury patterns, neuropsychological testing revealing widespread cognitive deficits, and physician expert testimony establishing the departure from anesthesia standards caused preventable brain damage. Visit our case results to see anesthesia error brain injury settlements throughout Central Texas.

Birth Injury Brain Damage Attorney

Fight For Infants Suffering Preventable Neurological Trauma

Birth injury, brain damage from oxygen deprivation, delayed C-sections, and delivery negligence causes devastating conditions including cerebral palsy, hypoxic-ischemic encephalopathy, and permanent developmental disabilities. Our birth injury attorneys represent families when obstetrical negligence causes preventable infant brain trauma. We work with maternal-fetal medicine specialists, neonatologists, and pediatric neurologists who review labor and delivery records identifying departures from obstetric standards including failure to timely perform C-section despite fetal distress, inadequate fetal heart rate monitoring missing oxygen deprivation, improper use of forceps or vacuum extractors causing head trauma, failure to diagnose and treat umbilical cord compression, and delayed response to placental abruption or uterine rupture. Birth injury cases require proving the brain damage occurred during labor and delivery rather than prenatal factors through fetal monitoring strips showing distress patterns, umbilical cord blood gas analysis proving hypoxia, MRI showing acute brain injury consistent with birth trauma timing, and developmental assessments documenting neurological impairments. Explore our personal injury practice to understand comprehensive birth injury representation.

Surgical Error Brain Injury Lawyer

Compensation For Operating Room Mistakes Causing Brain Damage

Surgical errors during brain surgery, spinal procedures, and other operations cause devastating neurological damage when surgeons, surgical teams, or hospitals breach standards of care. Our medical malpractice lawyers handle cases where surgical mistakes cause preventable brain injuries including direct brain tissue damage during neurosurgical procedures, inadvertent carotid or vertebral artery injury during neck surgery causing stroke, post-operative infection from improper sterile technique causing brain abscess or meningitis, anesthesia errors during surgery causing hypoxic brain injury, and delayed recognition of post-operative complications causing brain damage. We work with neurosurgery experts who review operative reports and imaging identifying technical errors, infectious disease specialists documenting hospital-acquired infections, and neurologists assessing permanent brain damage from surgical complications. Surgical error cases require proving the mistake departed from accepted surgical standards through expert testimony, operative records showing the error, imaging documenting the brain injury, and medical literature establishing proper surgical technique. Learn more about our service areas throughout Travis County where we handle surgical malpractice brain injury cases.

Delayed Diagnosis Brain Injury Lawyer

Hold Physicians Accountable For Missed Conditions Causing Brain Damage

Delayed diagnosis of strokes, infections, tumors, and other conditions causes preventable brain damage when physicians fail to order necessary tests, misinterpret symptoms, or ignore warning signs. Our delayed diagnosis attorneys pursue compensation when diagnostic failures allow treatable conditions to cause permanent brain injury. Common scenarios include failure to diagnose stroke in emergency rooms despite classic symptoms, missed brain tumor on imaging allowing growth causing neurological damage, delayed diagnosis of meningitis or encephalitis causing permanent cognitive deficits, failure to recognize increased intracranial pressure after head injury, and missed aneurysm leading to hemorrhagic stroke. We work with emergency medicine physicians, neurologists, and radiologists who review medical records proving the diagnosis should have been made earlier, preventing brain damage that occurred during the delay. Delayed diagnosis cases require establishing what a reasonably prudent physician would have diagnosed with proper evaluation, how the delay caused additional brain damage, and the difference in outcomes had timely diagnosis occurred. Visit our medical malpractice page for comprehensive healthcare negligence representation.

Stroke Misdiagnosis Attorney

Maximum Recovery For Emergency Room Failures Allowing Brain Tissue Death

Stroke misdiagnosis in emergency rooms causes preventable brain damage when physicians fail to recognize stroke symptoms, delay neuroimaging, or discharge patients with undiagnosed strokes. Our stroke misdiagnosis lawyers hold hospitals and emergency physicians accountable for missed strokes causing permanent neurological deficits. We work with emergency medicine experts and neurologists who review ER records identifying failures including dismissing stroke symptoms as migraines or vertigo, failure to perform CT or MRI when symptoms warrant imaging, delayed tPA administration missing the critical treatment window, discharging patients with transient symptoms who return with completed strokes, and failure to recognize posterior circulation strokes with atypical presentations. Time is brain in stroke cases—every minute of delayed treatment causes additional brain tissue death. We prove causation through imaging showing infarct territory, expert testimony on treatment window violations, and neurological assessments documenting permanent deficits that timely treatment would have prevented or minimized. See our blog for articles on stroke misdiagnosis and medical malpractice rights.

Severe Concussion Attorney

Compensation For Persistent Post-Concussion Syndrome

Severe concussions from vehicle crashes, falls, assaults, and accidents cause persistent post-concussion syndrome with lasting cognitive and physical symptoms. Our brain injury attorneys represent victims whose “mild” traumatic brain injuries cause persistent headaches, dizziness, cognitive problems, light sensitivity, and emotional changes preventing employment. We work with neurologists documenting persistent symptoms and ruling out alternative causes, neuropsychologists conducting testing revealing cognitive deficits, and vestibular specialists treating balance problems. Post-concussion syndrome cases require proving symptoms stem from the original brain injury through temporal relationship, clinical consistency, and medical causation. We pursue compensation from negligent drivers, property owners, employers, and other parties whose negligence caused the concussion leading to persistent disabilities. Review our practice areas to understand comprehensive concussion representation throughout Austin.

Diffuse Axonal Injury Lawyer

Maximum Damages For Widespread Brain Damage From Vehicle Crashes

Diffuse axonal injury from high-speed vehicle crashes, severe falls, and violent impacts causes widespread brain damage through shearing forces rupturing nerve fibers throughout brain tissue. Our traumatic brain injury lawyers handle severe DAI cases causing profound cognitive impairments, prolonged unconsciousness, and often permanent disabilities requiring 24/7 care. We work with neuroradiologists who identify DAI on advanced imaging including DTI scans showing white matter tract damage, neurologists documenting extensive neurological deficits, and rehabilitation specialists assessing long-term care needs. DAI cases warrant maximum compensation often exceeding $5-10 million for lifetime medical care, cognitive rehabilitation, attendant care needs, and complete lost earning capacity when victims cannot work. Visit our car accident practice for vehicle crash brain injury representation.

Anoxic Brain Injury Attorney

Hold Negligent Parties Accountable For Oxygen Deprivation

Anoxic brain injuries from oxygen deprivation cause widespread cellular death and devastating cognitive impairments. Common causes include medical malpractice during anesthesia or childbirth, near-drowning accidents at pools or lakes, carbon monoxide poisoning from defective appliances or landlord negligence, and cardiac arrest from medical treatment delays. Our anoxic brain injury attorneys pursue compensation from physicians whose errors caused hypoxia, property owners with defective pools lacking safety features, landlords with carbon monoxide detector violations, and medical providers whose treatment delays caused cardiac arrest. Anoxic injury severity depends on oxygen deprivation duration—even brief periods cause permanent damage. We work with neurologists documenting injury through MRI showing characteristic patterns, neuropsychologists assessing cognitive deficits, and rehabilitation specialists determining care needs.

Cognitive Impairment Compensation Attorney

Maximum Recovery For Invisible But Devastating Deficits

Cognitive impairments from traumatic brain injury including memory loss, attention deficits, processing speed reductions, and executive function problems destroy careers despite victims appearing physically recovered. Our attorneys prove invisible cognitive disabilities through comprehensive neuropsychological testing documenting deficits, vocational expert testimony on work limitations, employer statements on performance decline, and economic expert calculations of lost earning capacity. Common cognitive deficits include short-term memory problems preventing new learning, divided attention deficits impairing multitasking, slowed processing speed reducing work efficiency, and impaired judgment affecting decision-making. We pursue compensation for cognitive rehabilitation, vocational rehabilitation, complete lost earning capacity when retraining isn’t viable, and diminished quality of life from cognitive limitations.

Construction Fall Brain Injury Lawyer

Fight For Workers Suffering Fall-Related Brain Trauma

Construction fall brain injuries from scaffolding collapses, ladder falls, and elevated work accidents cause severe traumatic brain injuries requiring extensive rehabilitation. Our construction injury attorneys pursue compensation beyond workers’ compensation from general contractors failing to maintain safe job sites, subcontractors whose work created fall hazards, and equipment rental companies providing defective equipment. Falls from height cause severe brain trauma through direct head impact and rapid deceleration. We work with accident reconstructionists calculating fall forces and neurosurgeons documenting injury severity. Construction workers suffering brain injuries often cannot return to physical labor, requiring vocational rehabilitation and lost earning capacity compensation. Visit our construction accident page for workplace brain injury representation.

Brain Injury Wrongful Death Claims

Compassionate Representation When Brain Trauma Proves Fatal

When severe traumatic brain injuries or medical malpractice cause death after days, weeks, or months of hospitalization, surviving families pursue wrongful death claims including pre-death pain and suffering. Our wrongful death attorneys pursue compensation for the decedent’s conscious pain and suffering before death, medical expenses during treatment attempts, funeral and burial expenses, lost financial support over remaining life expectancy, loss of companionship for spouses and children, and mental anguish for surviving family members. Brain injury deaths often involve extensive medical treatment, multiple neurosurgical procedures, and conscious suffering before brain death or life support withdrawal. We coordinate with medical examiners, review treatment records, and pursue punitive damages when gross negligence causes fatal brain injuries.