Brain Injury

Brain injury claims are among the highest-stakes matters in Ontario medical malpractice litigation, because the consequences are often permanent and the lifetime care costs substantial. In the medical context, acquired brain injury can arise from hypoxic or ischemic events during anaesthesia or surgery, delayed recognition of stroke or intracranial bleeding, mismanaged sepsis or metabolic crisis, medication error, and birth-related hypoxic-ischemic injury.

These cases are evidence-intensive and multidisciplinary. Establishing what happened often requires neurology, neuroradiology, intensive care, and the relevant treating specialty, while the damages analysis draws on rehabilitation medicine, neuropsychology, life-care planning, and economics. Causation is frequently the central dispute, particularly where the patient had a serious underlying condition that itself threatened neurological harm, requiring the plaintiff to separate the consequences of any negligence from the natural course of the illness.

Posts tagged Brain Injury analyze Ontario decisions involving acquired brain injury arising from medical care, with attention to causation and the assessment of future-care damages.