Concussion Malpractice In New York

In New York, failure to recognize or manage a concussion appropriately can amount to medical malpractice, especially if the oversight leads to further brain damage or complications.

What Is Concussion Malpractice?

Concussion malpractice occurs when a healthcare provider fails to diagnose, treat, or monitor a concussion in accordance with accepted medical standards. This negligence can happen in emergency rooms, urgent care centers, private practices, and even in school or sports-related settings. Examples of concussion malpractice include:

• Failing to order appropriate diagnostic tests (such as a CT scan or MRI)
• Discharging a patient without proper evaluation or instructions
• Dismissing symptoms as minor or unrelated to a head injury
• Allowing a student-athlete to return to play before full recovery
• Failing to refer the patient to a neurologist or specialist
• Ignoring signs of worsening symptoms, such as repeated vomiting, confusion, or vision changes

When providers neglect to take these steps, the concussion may worsen or go untreated.

Consequences of Mismanaged Concussions

Concussions require careful management and rest. When ignored or improperly treated, patients may experience:

• Memory problems
• Difficulty concentrating
• Mood changes or depression
• Sleep disturbances
• Chronic headaches
• Sensory issues (e.g., light sensitivity, ringing in the ears)
• Reduced ability to work or perform daily activities

In severe cases, concussion malpractice can lead to permanent brain injury, cognitive decline, or conditions like Second Impact Syndrome, which can be fatal. In children and adolescents, the effects can be especially harmful, potentially impacting long-term brain development and academic performance.

Proving Concussion Malpractice in New York

To bring a successful medical malpractice claim for a mismanaged concussion, you must prove:

• A doctor-patient relationship existed
• The provider failed to meet the accepted medical standard of care
• This failure directly caused harm or worsened the injury
• You suffered measurable damages, such as medical expenses or lost income

Medical expert testimony is critical in these cases. A qualified physician can help establish that proper care was not provided and that this failure led to further injury.

Types of Compensation Available in Concussion Malpractice Cases

Victims of concussion malpractice in New York may recover several types of compensation:

• Medical Expenses cover the cost of treatment, diagnostics, follow-ups, and therapy related to the concussion.

• Lost Wages may be awarded for missed work during recovery, along with future lost income if the injury limits long-term earning capacity.

• Pain and Suffering includes compensation for physical discomfort, emotional distress, and lasting cognitive issues like memory loss or mood changes.

• Loss of Enjoyment of Life applies if the injury affects your ability to enjoy hobbies, social activities, or daily routines.

How a Medical Malpractice Lawyer Can Help

If you or a loved one suffered harm due to a misdiagnosed or untreated concussion, you may have a legal claim. A concussion malpractice case requires a thorough investigation and strong medical evidence. A White Plains medical malpractice lawyer can:

• Review your medical records to identify signs of negligence
• Consult neurologists or brain injury specialists to build your case
• Calculate damages related to your injury, including lost wages, treatment costs, and pain and suffering
• File a claim within the state’s statute of limitations
• Negotiate with insurance companies or represent you in court

Contact Fiedler Deutsch, LLP today to schedule a free consultation and explore your options for compensation.