Malpractice occurs when a medical professional acts in a negligent or unprofessional way. In extreme cases, malpractice can lead to wrongful death, especially in the case of incorrectly declaring brain death. There have been several examples over the years of hospitals incorrectly identifying a patient as “brain-dead” when there is still some activity.
Generally, a patient is classified brain-dead after being studied by a neurologist but, this is a tricky situation as the term and policies vary from hospital to hospital. Only 33% of hospitals require a neurologist to be present, and most policies don’t even mention who on the staff is required to make this very important judgment. Recent studies have found that most policies regarding brain death are highly inconsistent.
While new policies are being put into place, incorrectly declaring brain death still occurs all too often and is, not only traumatic for the family, but put’s the hospital at risk for a malpractice suit.
If you have been involved in a situation in which you believe the brain death of a loved one was incorrectly determined, contact us at (251) 432-2277 to speak with an Alabama medical malpractice attorney. We offer a free initial case review to all new clients.