Legal Remedies for Delayed Treatment of Traumatic Brain Injury (TBI) – For the Military – Khawam Ripka LLP
BREAKING NEWS: You can now file a claim for sexual assault while on active duty in the military, as per the recent 9th Circuit Court decision. Call us today for your free consultation!
BREAKING NEWS: You can now file a claim for sexual assault while on active duty in the military, as per the recent 9th Circuit Court decision. Call us today for your free consultation!

Legal Remedies for Delayed Treatment of Traumatic Brain Injury (TBI)
Legal Remedies for Delayed Treatment of Traumatic Brain Injury (TBI)

Introduction

Traumatic brain injury (TBI) is one of the most serious and life-changing injuries that can occur during military service. Whether from a blast injury, car accident, or combat-related incident, TBI can have long-lasting effects on cognitive function, mood, and overall quality of life. When a service member sustains a TBI, timely and appropriate treatment is crucial to preventing further injury and aiding recovery. However, when military healthcare providers delay the diagnosis or treatment of TBI, the consequences can be devastating.

In this blog, we will explore how delayed treatment for TBI in military healthcare settings constitutes medical malpractice, the legal options available to service members, and how Khawam Ripka LLP can help you seek justice for this often-overlooked issue.

What Is Traumatic Brain Injury (TBI)?

TBI occurs when a blow or jolt to the head disrupts normal brain function. It can range from mild concussions to severe brain damage. In the military context, service members are particularly at risk for TBI due to the nature of their duties, including exposure to explosions, falls, motor vehicle accidents, and combat trauma.

The symptoms of TBI can vary significantly depending on the severity and location of the injury but typically include:

  • Cognitive impairments (e.g., memory loss, difficulty concentrating)

  • Mood changes (e.g., irritability, depression, anxiety)

  • Physical symptoms (e.g., headaches, dizziness, nausea, fatigue)

  • Sensory changes (e.g., blurred vision, ringing in the ears)

In some cases, the effects of TBI can worsen over time, especially if the injury is not diagnosed and treated promptly.

When Does Delayed TBI Treatment Become Medical Malpractice?

Delayed or inadequate treatment for TBI can result in further brain damage, long-term disability, and a reduced quality of life. To determine if a service member has grounds for a medical malpractice claim due to delayed TBI treatment, the following criteria must be met:

1. Duty of Care

The military healthcare provider has a responsibility to provide care that aligns with the accepted medical standards for diagnosing and treating TBI. This includes timely diagnosis and appropriate treatment interventions such as imaging (e.g., CT scans, MRIs), surgery if needed, and ongoing care.

2. Breach of Duty

A breach of duty occurs when the healthcare provider fails to meet the standard of care. In the case of TBI, this may involve delays in diagnosing the injury (e.g., not ordering an MRI or CT scan), failing to recognize the symptoms of TBI, or delaying the initiation of treatment.

3. Causation

For a claim to succeed, there must be a direct link between the delayed treatment and the worsening of the injury. If the delay led to additional brain damage, a worsened prognosis, or other long-term health complications, the claimant may be entitled to compensation.

4. Damages

The service member must show that the delay in treatment caused tangible harm. This can include further neurological damage, physical disabilities, emotional distress, and financial losses due to an inability to work.

Why Is Timely Treatment for TBI So Crucial?

In the case of TBI, time is of the essence. Early intervention can make a significant difference in the long-term outcome. Key reasons why timely treatment is critical include:

  • Prevention of secondary brain injury: Delayed treatment can result in secondary injuries such as swelling, bleeding, or pressure buildup, which can worsen the brain damage.

  • Better recovery outcomes: Prompt treatment improves the chances of recovery and can help minimize cognitive and physical disabilities.

  • Improved quality of life: Addressing TBI early can prevent or reduce long-term effects, including difficulties with memory, learning, and emotional regulation.

Legal Options for Service Members Affected by Delayed TBI Treatment

If you or a loved one has experienced delayed treatment for TBI in a military healthcare facility, there are legal options available to seek compensation. The following legal remedies may be pursued:

1. Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) allows service members to file claims against the U.S. government for negligence, including medical malpractice related to delayed TBI treatment. Under the FTCA, service members must prove that a military healthcare provider’s delay in treatment caused further injury or damage.

The process for filing an FTCA claim includes submitting a Standard Form 95 (SF-95), providing documentation such as medical records, expert opinions, and evidence of the harm caused by the delay.

2. Military Claims Act (MCA)

The Military Claims Act (MCA) provides a way for active-duty service members to file claims for injuries caused by negligence during military service, including medical malpractice. MCA claims are handled administratively within the military, rather than through civilian courts.

The MCA is subject to strict procedural deadlines, so it’s essential to consult with an attorney as soon as possible to ensure that your claim is filed within the designated timeframe.

3. Veterans Affairs (VA) Claims

If you are a veteran and received delayed TBI treatment at a military healthcare facility, you may be eligible for compensation through the Department of Veterans Affairs (VA). Veterans who experience worsening symptoms or additional complications due to delayed treatment can file claims for disability compensation.

The VA offers a range of benefits for veterans affected by TBI, including compensation for injuries sustained during service, medical care, and additional support for long-term disability.

How Khawam Ripka LLP Can Help

Navigating the legal options for medical malpractice claims related to delayed TBI treatment can be complex. At Khawam Ripka LLP, we specialize in military medical malpractice cases and are committed to helping service members and veterans seek justice for the harm caused by inadequate care.

Our team offers:

  • Expert legal guidance through the FTCA, MCA, and VA claims process

  • Thorough investigation of the circumstances surrounding the delay in treatment

  • Access to medical experts who can support your claim with expert opinions

  • Dedicated representation to ensure you receive the compensation and benefits you deserve

We understand the unique challenges service members and veterans face when pursuing legal action against the military healthcare system, and we are here to provide support every step of the way.

Contact Khawam Ripka LLP

If you or a loved one has suffered from delayed treatment for TBI in a military healthcare facility, don’t hesitate to reach out to Khawam Ripka LLP. Our experienced attorneys are ready to help you explore your legal options and fight for the justice you deserve.

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Here at Khawam Ripka, we are passionate about helping heroes in the military get the attention and financial compensation they, and their families, deserve.

If you or someone you love has been a victim of military medical malpractice, we would be honored to represent them and their family in their claim.

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