How Does Negligence Cause a Traumatic Brain Injury?

Back to Articles

Posted by Pressley Henningsen

There are a variety of ways that someone’s negligence can result in a traumatic brain injury (TBI) for you or your loved one.  Some folks think a traumatic brain injury means you have a broken skull or have been completely knocked out – which may be true – but there are other less recognized TBIs as well.

Here at RSH Legal, dozens of Iowans with TBIs contact our office each year about negligence that caused a brain injury without a skull fracture.

That’s because one of the most common causes of traumatic brain injuries in Iowa and across the world is a vehicle collision — whether it’s being hit by semi-truck, while in a car, or riding your motorcycle.  In a car accident, it’s not unusual to hit your head against a window, the steering wheel, or even the dashboard during impact.

You don’t need to hit your head to suffer a TBI.  If you were jolted or violently shaken during your crash, you may have suffered a head injury, even if you were not knocked out cold.

If you are experiencing the following symptoms after your crash, see a doctor as soon as possible:

  • Confusion or disorientation
  • Headaches
  • Sensitivity to light or sound
  • Ringing in the ears (tinnitus)

These are all symptoms of a traumatic brain injury and you should be evaluated by a doctor.  Even suffering a concussion is considered a mild TBI by experts and should be treated as such. Remember even a mild TBI can have a massive impact on your daily life, so take it seriously.

Iowa Nursing Home Neglect and Traumatic Brain Injuries

We also see a lot of head injuries in Iowa nursing home neglect and abuse situations. We rely on nursing homes to care for our loved ones, but all too often staff does not have the time or resources to meet the residents’ needs.

Residents in nursing homes often have care plans that state they require assistance with moving about or going to the bathroom.  These care plans can be forgotten or disregarded because staff is too busy to attend to each resident’s needs.  This is the management’s fault.  They should provide sufficient staff to meet everyone’s needs, but many of them do not.

Even if care plans are followed, residents can also be in danger because of environmental hazards like slippery floors or bad lighting.  This negligence can lead to serious injuries, including TBIs, if a resident falls or hits their head – especially if they are on any blood thinners.

If you have concerns about the staffing numbers at the nursing home your loved one is in, speak up. Tell the administrator or director of nursing that they need more staff.


Iowa Medical Malpractice Claims and TBIs

There are a variety of ways that brain injuries can occur because of medical negligence. Preventable errors that result in brain injury is often due to hypoxia, or lack of oxygen to the brain.

These errors can include:

  • Delay in labor or delivery, resulting in a brain injury to a newborn
  • Too much or too little anesthesia during or after a medical procedure
  • Improperly placing a breathing tube
  • Failure to monitor someone’s oxygen levels after a surgery

Common Work Injuries in Iowa Include Brain Injuries

One of the most common ways to suffer a TBI at work is by falling – either from a ladder, a stool, or any raised surface, or while on a slippery surface.  Being struck by a falling object or accidents in work vehicles are other ways to suffer TBI while on the job.

Regardless of how your work injury happens, you may be able to get Iowa workers’ compensation benefits while recovering from your brain injury.  To protect your claim, tell your employer within 90 days of your injury that you believe you suffered a head injury – a TBI at work.  If you do not inform your employer within this 90-day timeline, you may lose out on work comp benefits.

I grew up in a culture of rub dirt on it, it will heal.  We often overlook the symptoms of a mild TBI because our bell just got rung, so we will “get over it.”  Sometimes you don’t “get over it” and you must deal with it correctly from the beginning. That may involve getting an experienced Iowa brain injury lawyer involved in your case.

If you or someone you love has suffered a traumatic brain injury due to the fault of someone else, we may be able to help.  Call RSH Legal today at 1-319-774-1783.

Looking for Iowa Legal Help?

Find out how to get treated fairly after an injury or disability in Iowa

For a free, no-obligation case evaluation, call us at (319) 409-6575
or fill out our Free Case Evaluation form to reach us online