Common Causes of Paralysis Due to Medical Malpractice

Paralysis can be a devastating consequence of medical malpractice, profoundly impacting an individual’s life and well-being. It can be caused by surgical errors, anesthesia errors, birth injuries, stroke mismanagement, medication errors, and failure to diagnose, among others. Let’s take a closer look at these common causes of paralysis in medical malpractice cases:

• Surgical Errors: Spinal cord injuries, nerve damage, wrong-site surgeries (operating on the wrong part of the body), and leaving surgical instruments or foreign objects in the body can lead to further complications, including inadvertent nerve damage and paralysis.
• Anesthesia Errors: Includes improper administration of anesthesia that deprives the brain or spinal cord of oxygen, potentially leading to neurological damage and paralysis. 
• Birth Injuries: Such as those caused by the improper use of forceps or vacuum extraction, these injuries can result in spinal cord damage to the infant involved. Brachial Plexus Injury, also called Erb’s Palsy, is also a common nerve damage type that occurs during childbirth, which can lead to paralysis in the hand or arm of the infant.
• Stroke Mismanagement: Delayed diagnosis or treatment of strokes can significantly increase the risk of severe neurological complications, such as paralysis. Even short delays in stroke treatment can impact the extent of brain damage and the likelihood of long-term disabilities.
• Medication Errors: Administering the incorrect medication or dosage can cause neurological damage and paralysis. Adverse drug reactions can also occur, which means that medical professionals need to monitor the patient appropriately to avoid severe consequences, including neurological damage and paralysis.
• Failure to Diagnose: Failure to diagnose and treat infections, such as common ones like meningitis or encephalitis, can lead to neurological complications and paralysis.

If you believe you may have been a victim of medical malpractice that resulted in paralysis, you need to consult with an experienced malpractice attorney in your area. They can help you understand the common causes of paralysis due to medical malpractice and your rights and legal options to pursue compensation. 

Timing Is Essential for Paralysis Medical Malpractice Cases in Maine

In Maine, the statute of limitations for medical malpractice lawsuits generally mandates that legal action be initiated within three years from the date of the alleged negligence. This three-year timeframe provides a window of opportunity for individuals who believe they have been harmed by the substandard care of a medical professional to pursue legal recourse. This timeframe is not merely a technicality but works to ensure cases are brought forward in a timely manner while also preventing unduly delayed litigation.

However, this three-year period may not always be straightforward and could allow for certain exceptions. If a doctor or surgeon’s acts of negligence or malpractice involved a series of actions, the statute of limitations typically begins on the date of the last negligent act within that series. Maine law also recognizes certain exceptions to the general three-year rule. For instance:

• Minors: If the victim of medical malpractice is a minor child, the time limit may be extended until they are old enough to pursue litigation.
• Cases involving fraud: The statute of limitations may be extended if the healthcare provider concealed evidence of their negligence.
• "Discovery Rule": In certain situations, particularly those involving the discovery of a foreign object left inside the patient's body during surgery, the statute of limitations may begin to run from the date the injury is discovered rather than the date the negligence occurred.

If you believe you may have proof of paralysis medical malpractice in Maine, it is crucial to contact an experienced paralysis medical malpractice attorney as soon as possible. At Berman & Simmons, our paralysis medical malpractice lawyers can provide you with personalized legal advice and help ensure that your claim is filed within the applicable statute of limitations.

Valuing Your Potential Paralysis Medical Malpractice Case

When you or a loved one has suffered paralysis due to medical malpractice, it is crucial to understand how to determine the full value of your claim. At Berman & Simmons, our experienced paralysis medical malpractice attorneys will meticulously analyze your case to calculate the full extent of your damages and ensure you receive the compensation you deserve. The potential value of your case is typically based on the two primary types of damages: economic and non-economic damages.

Economic Damages from Paralysis

These are quantifiable financial losses directly resulting directly from medical errors or negligence. While it may seem simple to calculate past and current expenses with receipts and invoices, it is vital to accurately estimate future costs and expenses associated with your continuing recovery. You do not want to undervalue your case just to discover you have given away your rights to pursue full, fair compensation. Economic damages can include things like:

• Medical expenses: Past and future medical bills, including hospital stays, surgeries, medications, and rehabilitation.
• Lost paychecks: Income lost due to missed work during recovery and any potential loss of earning capacity in the future due to permanent paralysis.
• Out-of-pocket expenses: Costs associated with medical care not covered by insurance, such as travel expenses for appointments and assistive devices.

Non-Economic Damages from Paralysis

Determining the value of non-economic damages in a medical malpractice case can be complex. These damages, which encompass the intangible consequences of the injury, are subjective and difficult to quantify. However, our attorneys are experienced with Maine medical negligence laws and will employ established methodologies to arrive at fair and reasonable compensation for your suffering. Some types of non-economic damages may include:

• Pain and suffering: Physical and emotional experiences that occurred due to your paralysis injury.
• Loss of enjoyment and quality of life: Reduced ability to enjoy your daily activities and hobbies due to your paralysis.
• Disfigurement: Physical ways that your paralysis could disfigure and impact your self-esteem and quality of life.
• Emotional distress: Anxiety, depression, and other emotional trauma caused by the injury and its consequences.

The Challenge of Calculating Non-Economic Damages

Calculating the value of non-economic damages can be a complex task. Our attorneys will employ established methods, such as the multiplier and per diem methods, to estimate fair and reasonable compensation for your suffering. Our attorneys will carefully consider the unique circumstances of your case, including the extent of your paralysis, the impact on your daily life, and your emotional and psychological distress, to determine the most appropriate method for calculating your non-economic damages.

• The Multiplier Method: This method involves multiplying your total economic damages (medical expenses, lost paychecks, etc.) by a multiplier typically ranging from 1.5 to 5. The appropriate multiplier is determined based on the severity of your injuries, the impact on your life, and the degree of the healthcare provider's negligence. For example, a more severe injury or higher degree of negligence may warrant a higher multiplier.
• The Per Diem Method: This method assigns a daily dollar value to your pain and suffering. This daily rate is then multiplied by the number of days you have experienced these non-economic damages. 

These methods are just starting points. Our attorneys will carefully analyze all of the relevant factors in your case to develop a compelling argument for the appropriate level of non-economic damages. We will use our experience and knowledge of Maine laws to ensure that your claim accurately reflects the full extent of your suffering and losses.

Potential for Punitive Damages in Maine

In certain cases of egregious medical malpractice, Maine law allows for the award of punitive damages. Unlike compensatory damages, which are intended to compensate the injured party for their losses, punitive damages are not designed to make the victim whole. Instead, they are intended as a punishment for the negligent healthcare provider’s egregious conduct and as a way to deter other healthcare professionals from engaging in similar negligent or reckless behavior. Egregious conduct that is often seen in cases that are awarded punitive damages include ones where actions were taken with malice, oppression, fraud, or reckless disregard for patient safety. 

Punitive damages are not automatically awarded in medical malpractice cases. They are only available in exceptional circumstances where the plaintiff can demonstrate, with clear and convincing evidence, that the healthcare provider’s conduct was truly deserving of this punishment. Speak to your medical malpractice lawyer to determine if your specific case may qualify for punitive damages. 

Our attorneys will work to build a strong case that demonstrates the egregiousness of the healthcare professional’s conduct, which could involve gathering additional evidence, such as expert testimony and internal hospital records. Every case is different, so be sure to discuss the possibility of punitive damages with your attorney. They will provide you with a thorough assessment of the potential for damages in your specific circumstances and advise you on the best course of action.

Berman & Simmons Commitment to Advocating for the Injured

Navigating the complexities of a medical malpractice claim can be overwhelming, especially when you are still recovering from the trauma of your injury. Healthcare providers and their insurers often have extensive resources at their disposal to defend against these claims. At Berman & Simmons, we are dedicated to maximizing your compensation and ensuring you receive the justice you deserve. We are not afraid to take on even the most challenging medical malpractice cases. 

Read through some of our client stories to learn more about how we have helped clients like you through complex cases such as paralysis injuries. We understand the challenges you are facing and are committed to providing compassionate and unwavering support during this difficult time. Our commitment to our clients extends beyond legal representation. We prioritize clear and open communication, ensuring you are fully informed throughout the entire legal process. Our attorneys will advocate tirelessly for your rights and work to secure the maximum compensation you deserve.

Berman & Simmons began in 1914 and has supported injury victims in Maine ever since. Learn more about us and what we stand for on our site. Our team possesses a deep understanding of medical malpractice law, drawing upon our practice’s over 100 years of experience supporting Maine injury victims. We will leverage this knowledge to build a strong and compelling case that demonstrates the healthcare provider's negligence.