Even minor head injuries can result in significant complications for elderly nursing home residents, including death. This serious medical condition may be the result of nursing home neglect or elder abuse, making it critical that loved ones contact an experienced nursing home abuse lawyer should their loved one suffer from a subdural hematoma injury.
Commonly referred to as a brain bleed, a subdural hematoma occurs when blood pools between the brain and the skull. This is one of the most severe forms of brain injuries and a leading cause of wrongful death in the elderly; it requires prompt medical attention to prevent serious damage.
Even minor head trauma can cause hematoma injuries in elderly patients. Those who have numerous risk factors, like taking blood thinners or having medical conditions that affect the brain, such as Alzheimer’s disease, have a greater risk of death. Alcohol abuse is also a risk factor for suffering a subdural hematoma after a head injury, as it weakens blood vessels.
Nursing home falls are a common cause of subdural hematomas in the elderly. However, a blunt force impact, such as being hit in the head by nursing home caregivers or other residents, can also lead to a brain injury and subsequent death.
A subdural hematoma, also called a brain bleed, occurs when blood pools between the brain and the skull. It occurs when a vein in the brain’s protective covering tears and begins leaking blood. [1]
There are several types of subdural hematoma. Subacute subdural hematomas occur when a slow leak causes blood to gradually build up in the space between the skull and the brain.
With a subacute subdural hematoma, symptoms may gradually onset between 4 and 21 days after the injury, which can make it difficult to connect the symptoms to the cause. Subacute subdural hematomas are often connected to underlying medical conditions, such as issues with blood clotting or alcohol abuse. [2]
A subacute subdural hematoma may lead to a chronic subdural hematoma when old blood clots and blood breakdown products collect between the brain and the skull. There may be no symptoms, or individuals may experience confusion, headaches, drowsiness, and seizures.
Chronic subdural hematomas are more common in older individuals, like nursing home residents, because the blood vessels are more delicate due to age. [3]
Acute subdural hematomas result from serious injury, such as an elderly person’s bad fall. Symptoms are often quickly apparent. The primary treatment for an acute subdural hematoma is surgical intervention, where doctors open the skull and suction out the clotting blood to relieve pressure in the brain. [4]
Lastly, diffuse axonal injury is a common type of traumatic brain injury, seen in sports injuries and motor vehicle accidents, though it can also result from a severe fall in an elderly person. These serious injuries occur due to the tearing of the brain’s long connecting nerve fibers, called axons. Widespread lesions will occur throughout the brain, causing significant damage. It can also result in cortical contusion, bruising, and bleeding on the brain’s surface.
A diffuse axonal injury is a medical emergency that may result in coma, persistent vegetative state, and death.
Large hematomas, regardless of the type, put pressure on the brain tissue, which causes brain swelling and further injury. Any nursing home resident who demonstrates symptoms of a brain bleed should be immediately sent for assessment.
Common early symptoms of subdural hematomas include:
Any of these symptoms in a nursing home resident should be immediately investigated to rule out a subdural hematoma.
As a subdural hematoma worsens, a patient may experience the following issues:
If you note any of these symptoms in your loved one, immediately get them to an emergency room for further evaluation.
Nursing home head injuries like subdural hematomas can be a symptom of physical abuse and neglect. For example, brain bleeds are common nursing home fall-related injuries, which points to inadequate supervision on the part of care staff.
Hematoma lawyers from the Nursing Home Law Center can carefully investigate nursing home injuries, including looking at medical reports and collecting evidence from the nursing home. A law firm can also gather expert testimony from doctors and other professionals, such as differentiating between acute subdural and chronic hematomas.
A legal team has the experience to negotiate with the nursing home’s insurance company for a reasonable settlement based on the facts of the case. The Nursing Home Law Center can take the responsible parties to court and seek redress through a civil lawsuit if necessary.
To prove that a nursing home is liable for a subdural hematoma, the four facets of negligence must be proven: duty of care, breach of duty, causation, and damages. These elements are as follows.
Proving these four factors involves gathering evidence. This can include evidence of any previous nursing home falls that suggest a lack of supervision, testimony from doctors about how a subdural hematoma occurs, and eyewitness testimony from other staff and residents.
Compensation for a nursing home subdural hematoma can include both economic and non-economic damages.
Economic damages are to compensate the victim and their family for financial burdens imposed by the brain injury, which can include:
Non-economic damages consider the emotional and social impact of a brain bleed on the victim and their family. This can include:
In cases of severe abuse or neglect, a personal injury lawsuit may yield punitive damages, which are meant to punish the perpetrator. These damages are not available in all jurisdictions and may not be relevant to a given case. Working with an experienced legal team like the Nursing Home Law Center is essential to determine if you can sue for punitive damages.
There is no set compensation for a subdural hematoma case, as it depends on numerous factors. The severity of the injury, its exact cause, the financial costs incurred, and the long-term impact of the brain injury on the family system will all play a role in determining compensation.
The statute of limitations is the length of time you have to file a claim in a personal injury suit. This differs by jurisdiction but is typically between one and five years. It’s important to contact experienced subdural hematoma lawyers as soon as possible after an accident to ensure you have time to file a claim before the statute of limitations closes.
Generally, only the victim or their court-appointed representative can file a suit. For example, an individual with power of attorney over an incapacitated nursing home resident may be able to file on their behalf. We will determine who can file when you contact our law firm for a free consultation.
If you suspect neglect in a nursing home setting, you must act quickly to prevent further harm to the victim.
Call the police or the long-term care ombudsman in your area. Take pictures of the injury and gather evidence, such as the time it occurred, who was present, and the contact details of any witnesses. Take the victim to the hospital and keep copies of all medical reports. If available, you should gather communication between the victim and nursing home staff.
Contact a personal injury lawyer as soon as possible for a free initial consultation and discuss your options. We can guide you through reporting potential abuse and communicate with third parties on your behalf.
Nursing home abuse can lead to drastic consequences for victims, including head injuries. Our team of experienced nursing home abuse and neglect lawyers can ensure that those responsible for subdural hematomas are held accountable. Contact the Nursing Home Law Center at (800) 926-7565 for a free consultation.
References: [1] Cleveland Clinic, [2] National Institute of Health, [3] MedLine, [4] UCLA Health, [5] National Institute of Health