Los Angeles Traumatic Brain Injury Misdiagnosis in the ER Lawyer
Did an emergency room physician fail to diagnose your traumatic brain injury (TBI) in Los Angeles, California? If you were sent home from the ER and later learned that you had a TBI that should have been caught, you may be dealing with consequences that proper care could have prevented. As a result, you may be entitled to compensation through a medical malpractice claim.
At The Law Offices of Dr. Bruce G. Fagel and Associates, we have recovered over $2 billion for victims of medical negligence across California. Our law firm is led by Dr. Bruce Fagel, a licensed physician who spent over a decade practicing emergency medicine before becoming a trial attorney. That firsthand medical training gives our team an edge when it comes to identifying exactly where the standard of care broke down.
Learn more about how these cases work below, and reach out to us for a free consultation at (800) 541-9376 if you’re ready to get started with your case.
Why Traumatic Brain Injuries Are Frequently Missed in the Emergency Room
Emergency rooms are fast-paced environments where critical decisions are made under pressure. Unfortunately, that pace is also where diagnostic mistakes happen. TBI misdiagnosis in the ER commonly occurs for reasons that include:
- Symptoms like confusion and dizziness can overlap with other conditions, leading physicians to attribute them to something less serious
- Mild TBIs do not always appear on initial CT scans, which can give providers a false sense that no injury is present
- Patients who seem alert and responsive may be discharged too quickly without adequate neurological monitoring
- Overcrowding and staff shortages can limit how much time a physician spends evaluating each patient
- Follow-up instructions are sometimes vague or insufficient, leaving patients without clear guidance on when to seek further care
If a patient is sent home and their condition deteriorates, the consequences can range from permanent cognitive damage to wrongful death.
What Damages Can I Recover After a Missed TBI Diagnosis?
A successful malpractice claim for a misdiagnosed traumatic brain injury can result in significant compensation. California allows patients to recover two types of damages.
Economic damages cover the financial losses tied to the injury, including:
- Medical bills and hospital expenses
- Future medical treatment and rehabilitation costs
- Lost wages
- Reduced earning capacity
Non-economic damages address the personal toll of the injury, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium for spouses and family members
Under California’s MICRA law, non-economic damages are currently capped at $470,000 for injury cases and $650,000 when the malpractice results in death. Economic damages have no cap.
Contact The Law Offices of Dr. Bruce G. Fagel and Associates for Legal Help
A missed TBI diagnosis in the emergency room is not simply a medical oversight. It is a failure that can leave patients and families dealing with injuries that may never fully resolve.
If you or a loved one were misdiagnosed in a Los Angeles emergency room, call The Law Offices of Dr. Bruce G. Fagel and Associates at (800) 541-9376 for a free consultation. We work on a contingency fee basis, so you pay nothing unless we recover compensation on your behalf.
