NYU Langone Health is consistently ranked among the nation’s top hospitals for neurology and neurosurgery, earning recognition for quality and patient safety. However, even at highly-rated medical facilities, brain injuries can occur due to hospital negligence, delayed diagnosis, or failure to follow proper protocols. When medical errors lead to traumatic brain injury or worsen an existing brain condition, patients and families deserve justice and compensation.
Brain injuries represent some of the most devastating outcomes of medical negligence. According to the Centers for Disease Control and Prevention, there were approximately 214,110 traumatic brain injury-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021. In New York State alone, the Department of Health reports nearly 157 TBI incidents daily, resulting in more than 2,200 deaths and 17,000 hospitalizations annually.
If you or a loved one suffered a brain injury at NYU Langone or another New York hospital due to suspected medical negligence, understanding your legal rights is essential. This page explains how hospital errors can cause or worsen brain injuries, the legal standards that apply, and how to pursue compensation when medical professionals fail to meet their obligations.
Key Takeaways
- Brain injuries at reputable hospitals: Even top-ranked facilities like NYU Langone can experience cases of medical negligence leading to brain injuries.
- Common errors: Delayed diagnosis, failure to order timely CT scans, inadequate neurological monitoring, and medication errors can cause or worsen traumatic brain injuries.
- Alarming misdiagnosis rates: Research shows that 58.5% of traumatic brain injuries are missed in certain patient populations, with serious consequences.
- Time limits apply: New York’s medical malpractice statute of limitations is 2.5 years, though extensions may apply for brain injury cases under the discovery rule.
- Compensation available: Victims of hospital negligence may recover damages for medical expenses, lost income, pain and suffering, and long-term care needs.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when an external force causes brain dysfunction. TBIs range from mild concussions to severe injuries resulting in permanent disability or death. These injuries can result from falls, motor vehicle accidents, assaults, or medical errors during treatment.
Brain injuries are classified by severity:
- Mild TBI (Concussion): Temporary loss of consciousness, confusion, headache, and memory problems that typically resolve within weeks to months.
- Moderate TBI: Loss of consciousness lasting minutes to hours, with cognitive impairment, behavioral changes, and physical symptoms that may persist for months.
- Severe TBI: Extended unconsciousness or coma, significant cognitive deficits, personality changes, and permanent disability requiring long-term care.
The type and extent of treatment required depends on the severity of the injury. Immediate medical intervention is critical, particularly for moderate to severe TBIs where delayed treatment can result in permanent brain damage or death.
Understanding NYU Langone Health’s Role in Brain Injury Treatment
NYU Langone Health has earned national recognition for its neurology and neurosurgery programs. According to U.S. News & World Report, NYU Langone ranks number one in the nation for neurology and neurosurgery for the third consecutive year. The medical center also maintains a five-star rating from the Centers for Medicare and Medicaid Services for safety, quality, and patient experience.
NYU Langone’s Rusk Rehabilitation provides specialized inpatient and outpatient care for brain injury and concussion rehabilitation. The facility participates in the Traumatic Brain Injury Model System, a collaborative program focused on improving outcomes for people with traumatic brain injuries.
Despite these accolades, medical errors can occur at any hospital, regardless of reputation. High patient volumes, staff shortages, communication breakdowns, and system failures can lead to negligent care even at top-rated facilities. When medical professionals at NYU Langone or any hospital fail to meet accepted standards of care, they can be held accountable through medical malpractice litigation.
How Hospital Negligence Can Cause or Worsen Brain Injuries
Hospital negligence leading to brain injuries typically falls into several categories. Understanding these common scenarios helps patients and families recognize when medical malpractice may have occurred.
Failure to Diagnose Brain Injury
One of the most serious forms of hospital negligence is failing to diagnose a traumatic brain injury. Research published by the National Center for Biotechnology Information found that the frequency of missed traumatic brain injury diagnoses was 58.5% in certain patient populations, with even higher rates (75-80%) for injuries sustained outside motor vehicle collisions.
Brain injuries don’t always present with obvious symptoms. Patients may appear alert and oriented immediately after trauma, only to deteriorate hours or days later as bleeding or swelling progresses. Emergency department physicians must maintain a high index of suspicion and order appropriate diagnostic imaging when head trauma is suspected.
Delayed CT Imaging
Computed tomography scans are the gold standard for detecting intracranial hemorrhage and other brain injuries. Medical literature from PMC establishes that CT head scans should be performed within one hour when risk factors are identified in patients with head injuries.
Delayed CT imaging can have catastrophic consequences. Brain bleeds that could have been treated with prompt surgical intervention may progress to the point where intervention is no longer possible. Studies show that up to 8% of epidural hematomas are not present on initial CT scans but appear on follow-up imaging, making timely repeat scans essential.
Inadequate Neurological Monitoring
Patients admitted with head trauma or suspected brain injury require frequent neurological assessments. The standard of care requires neurological evaluation every hour during hospitalization for patients with intracranial pathology. Failure to perform these assessments or failure to recognize and respond to deteriorating neurological status constitutes negligence.
Changes in level of consciousness, pupil reactivity, motor function, or vital signs can indicate worsening brain injury requiring immediate intervention. When hospital staff fail to monitor or respond appropriately, preventable brain damage can occur.
Medication Errors
Medication errors affecting brain injury patients include administering incorrect doses of blood thinners, failing to reverse anticoagulation before surgery, or giving medications that can worsen intracranial pressure. These errors can transform a manageable brain injury into a catastrophic one.
Warning: Delayed Symptoms Are Common
Many brain injuries do not show symptoms immediately. Bleeding, swelling, or cognitive impairment may not become apparent until hours or days after the initial trauma. If you experienced head trauma and were told you were fine, but later developed symptoms such as severe headaches, confusion, vision changes, or loss of consciousness, seek immediate medical attention and document the timeline carefully.
Common Forms of Medical Negligence in Brain Injury Cases
Medical malpractice can occur at any stage of diagnosis and treatment. The following table outlines frequent scenarios where hospital negligence leads to brain injuries or worsens existing conditions.
| Type of Negligence | Description | Potential Consequences |
|---|---|---|
| Failure to Order CT Scan | Emergency physicians fail to order brain imaging despite clear indications such as loss of consciousness, confusion, or head trauma | Undetected hemorrhage leading to permanent brain damage or death |
| Delayed Neurosurgical Consultation | Hospital staff fail to promptly notify neurosurgery when CT shows intracranial bleeding requiring surgical intervention | Preventable progression of hematoma causing irreversible injury |
| Inadequate Monitoring | Nursing staff fail to perform hourly neurological checks or fail to recognize and report deteriorating condition | Missed opportunity to intervene before catastrophic herniation occurs |
| Failure to Repeat Imaging | No follow-up CT scan performed despite protocol requiring imaging at 6 and 12-24 hours after initial injury | Delayed hemorrhage progresses undetected until irreversible |
| Premature Discharge | Patient discharged from emergency department without adequate observation period or follow-up instructions | Patient deteriorates at home without access to emergency neurosurgical care |
| Surgical Errors | Mistakes during brain surgery including wrong-site surgery, retained surgical instruments, or damage to healthy brain tissue | Additional neurological deficits beyond the original injury |
The Reality of Diagnostic Errors in Emergency Departments
Even with modern diagnostic tools and protocols, diagnostic errors in emergency departments remain a significant problem. A systematic review published by the National Center for Biotechnology Information found that with approximately 130 million U.S. emergency department visits annually, estimated rates for diagnostic error could translate to more than 7 million errors, 2.5 million patient harms, and 350,000 patients suffering potentially preventable permanent disability or death.
Traumatic brain injury and traumatic intracranial hemorrhage ranked ninth among the top 15 clinical conditions associated with serious misdiagnosis-related harms in emergency departments. A 2024 study published in the Journal of the American Medical Association found that 23 percent of patients transferred to an intensive care unit or who died in the hospital had a missed or delayed diagnosis.
These statistics underscore that diagnostic errors are not isolated incidents but represent a systemic problem affecting even highly-regarded medical institutions. Patients should not assume that treatment at a top-ranked hospital guarantees error-free care.
Standard of Care for Brain Injury Diagnosis and Treatment
Medical malpractice cases hinge on whether healthcare providers met the applicable standard of care. For brain injury cases, the standard of care includes specific protocols for imaging, monitoring, and intervention.
Initial Assessment and Imaging
The standard of care for patients presenting with head trauma includes a thorough clinical evaluation and, when indicated, an initial cranial CT scan. Indications for immediate CT imaging include loss of consciousness, amnesia, severe headache, vomiting, seizure, focal neurological deficits, or visible trauma to the skull.
CT scans should be performed within one hour of identifying risk factors. The quality of the scan must be sufficient to detect subtle injuries, and a qualified radiologist should interpret the images promptly.
Admission and Monitoring
Patients with neurological symptoms, posttraumatic intracranial pathologies on CT, or who cannot be safely monitored at home require hospital admission. Medical literature establishes that during hospitalization, the neurological status of brain injury patients should be evaluated every hour. This includes assessing:
- Level of consciousness using the Glasgow Coma Scale
- Pupil size and reactivity
- Motor function and strength
- Vital signs including blood pressure and heart rate
Any deterioration must be immediately reported to the attending physician and neurosurgical team.
Repeat Imaging Protocols
When initial CT demonstrates intracranial pathology, the standard of care requires repeat imaging. According to medical literature, a repeat CT scan should be performed 6 hours after the initial scan, and a third CT scan between 12 to 24 hours after the initial scan, as long as the patient remains neurologically stable. Additional scans are indicated if neurological changes occur.
This protocol exists because hemorrhages frequently progress and large contusions often develop delayed hemorrhage or edema. Failure to follow repeat imaging protocols can result in preventable death or disability.
Signs Your Brain Injury Case May Involve Medical Negligence
Not every bad outcome constitutes medical malpractice. However, certain red flags suggest that hospital negligence may have played a role in causing or worsening a brain injury.
Indicators of Potential Negligence
- Delayed diagnosis: You or your loved one presented to the emergency department with symptoms of head trauma, but no CT scan was ordered, or imaging was significantly delayed.
- Missed findings: A brain bleed or other injury was not identified on imaging that should have detected it, or a radiologist failed to promptly report critical findings.
- Inadequate monitoring: Hospital staff did not perform regular neurological checks, or changes in condition were not promptly reported to physicians.
- Failure to consult specialists: Neurosurgery was not consulted despite CT findings indicating the need for surgical evaluation.
- Premature discharge: You were sent home from the emergency department despite risk factors warranting admission and observation.
- No repeat imaging: Initial CT showed abnormalities, but no follow-up scans were performed despite protocols requiring them.
- Medication errors: Wrong medications were administered, doses were incorrect, or anticoagulation was not properly managed.
- Communication failures: Test results were not communicated between providers, or critical information was lost during shift changes or transfers.
If any of these scenarios apply to your case, consult with an experienced brain injury lawyer to evaluate whether medical negligence occurred.
Document Everything
If you suspect medical negligence contributed to a brain injury, preserve all evidence. Request complete copies of medical records from all treating facilities. Take photographs of visible injuries. Keep a detailed journal of symptoms, medical appointments, and how the injury affects daily life. Document all conversations with medical providers, including names, dates, and what was said. This documentation is critical for your legal case.
New York Medical Malpractice Statute of Limitations
New York law imposes strict time limits for filing medical malpractice lawsuits. Understanding these deadlines is essential to protecting your legal rights.
General Rule: Two and a Half Years
According to New York Civil Practice Law and Rules Section 214-A, medical malpractice actions must be commenced within two years and six months of the act, omission, or failure complained of, or from the last treatment where there was continuous treatment for the same illness, injury, or condition.
This 2.5-year deadline applies to most medical malpractice claims, including those involving brain injuries. Missing this deadline typically means losing the right to pursue compensation, regardless of how clear the negligence may be.
Continuous Treatment Doctrine
The statute of limitations clock does not start running while a patient receives ongoing treatment from the same healthcare provider for the condition related to the malpractice. The deadline begins when treatment ends. This doctrine recognizes that patients receiving ongoing care from the negligent provider may not realize malpractice occurred until treatment concludes.
Discovery Rule Extension
New York’s Discovery Rule, introduced in 2018, provides important protections for brain injury victims whose injuries are not immediately apparent. Under this rule, the statute of limitations can extend until the injury is discovered, up to seven years from the date of the alleged malpractice.
This extension is particularly relevant for brain injuries, as cognitive deficits, personality changes, or other symptoms may not become evident until months or years after the negligent treatment.
Tolling for Incapacity
Severe brain trauma generally qualifies for tolling based on legal insanity or incapacity. When a patient meets the legal definition of insanity or lacks mental capacity due to brain injury, the statute of limitations clock stops and does not resume until the psychiatric disability ends or capacity is restored.
This protection ensures that patients with severe cognitive impairment from brain injuries are not deprived of legal recourse simply because they lack the mental capacity to pursue claims during the standard limitations period.
Don’t Wait: Time Limits Are Strict
Even with potential extensions, you should not delay consulting with a brain injury lawyer. Medical records can be lost or destroyed, witnesses’ memories fade, and gathering evidence becomes more difficult over time. New York courts strictly enforce statute of limitations deadlines, and exceptions are narrow. Contact an attorney as soon as you suspect medical negligence to ensure your rights are protected.
Types of Compensation Available in Brain Injury Cases
Victims of hospital negligence resulting in brain injuries may be entitled to significant compensation. New York law recognizes several categories of damages in medical malpractice cases.
Medical Expenses
Past and Future Treatment Costs: All expenses for treating the brain injury, including emergency care, hospitalization, surgery, rehabilitation, medications, medical equipment, and home healthcare.
Life Care Planning: Costs for long-term care, assisted living, or nursing home care required due to permanent disabilities from the brain injury.
Lost Income and Earning Capacity
Lost Wages: Income lost due to inability to work during recovery from the brain injury.
Reduced Earning Capacity: Diminished ability to earn income in the future due to permanent cognitive or physical impairments resulting from the brain injury.
Pain and Suffering
Physical Pain: Ongoing pain and discomfort caused by the brain injury and related medical treatments.
Emotional Distress: Anxiety, depression, and psychological trauma resulting from the injury and its impact on your life.
Loss of Quality of Life
Loss of Enjoyment: Inability to participate in activities, hobbies, and experiences that brought joy before the brain injury.
Loss of Consortium: Impact on relationships with spouse and family members due to personality changes or disabilities from the injury.
New York does not cap non-economic damages in medical malpractice cases, meaning compensation for pain and suffering can be substantial in severe brain injury cases. However, these damages must be proven through credible medical evidence and testimony.
Proving Medical Negligence in Brain Injury Cases
Successfully pursuing a brain injury medical malpractice claim requires proving four essential elements: duty, breach, causation, and damages.
Establishing Duty of Care
The first element requires showing that a doctor-patient relationship existed, creating a legal duty for the healthcare provider to meet accepted standards of care. This is typically straightforward when a patient presents to an emergency department or is admitted to a hospital.
Proving Breach of Standard of Care
The most challenging element involves demonstrating that the healthcare provider deviated from accepted medical standards. This requires expert testimony from qualified medical professionals who can explain what a reasonably competent physician would have done under similar circumstances and how the defendant’s actions fell short.
In brain injury cases, experts may testify about imaging protocols, neurological monitoring requirements, and the appropriate timing for neurosurgical consultation. Medical literature and clinical practice guidelines provide objective benchmarks for evaluating whether care met professional standards.
Demonstrating Causation
Even when negligence is clear, plaintiffs must prove that the breach of standard of care directly caused the brain injury or made it significantly worse. This requires medical evidence showing that proper care would have prevented the injury or led to a better outcome.
Causation can be complex in brain injury cases because pre-existing conditions, the severity of initial trauma, or intervening medical issues may all contribute to outcomes. Expert witnesses must establish a clear causal link between the negligent care and the resulting harm.
Quantifying Damages
Finally, plaintiffs must prove the extent of injuries and associated losses. This requires comprehensive medical documentation, testimony from treating physicians, life care planning experts, and economists who can calculate future medical expenses and lost earning capacity.
Choosing the Right Brain Injury Lawyer in New York
Brain injury medical malpractice cases are among the most complex areas of personal injury law. Selecting an attorney with specific experience in this field significantly impacts case outcomes.
Experience Matters
Look for attorneys who have successfully handled brain injury malpractice cases, not just general personal injury claims. These cases require understanding of neuroanatomy, diagnostic imaging, neurosurgical procedures, and long-term care needs. Attorneys should have relationships with qualified medical experts who can credibly testify about standards of care.
Resources for Complex Litigation
Medical malpractice cases against major hospital systems like NYU Langone require substantial financial resources to pursue. Defense attorneys for hospitals and their insurers have virtually unlimited resources. Your attorney should have the financial capability to retain multiple expert witnesses, obtain necessary medical records and imaging studies, and take depositions of all relevant witnesses.
Trial Experience
While many cases settle before trial, you need an attorney prepared to take your case to a jury if necessary. Hospitals know which attorneys have trial experience and which do not. Lawyers with proven courtroom success obtain better settlement offers because defendants know they are willing and able to go to trial.
Track Record of Results
Ask potential attorneys about their results in brain injury cases. What verdicts and settlements have they obtained? Do they have testimonials from past clients? A proven track record demonstrates competence and commitment to maximizing client recovery.
Personal Attention and Communication
Brain injury cases can take years to resolve. You need an attorney who provides regular updates, returns phone calls promptly, and treats you as a person, not a case number. During initial consultations, assess whether the attorney listens carefully to your concerns and explains legal concepts in understandable terms.
Frequently Asked Questions
Can I sue NYU Langone for a brain injury even though they are highly ranked?
Yes. Hospital rankings and reputation do not provide immunity from medical malpractice liability. Even the nation’s top hospitals can be held accountable when their staff breach accepted standards of care and cause patient harm. What matters is whether the specific care you received met professional standards, not the hospital’s overall reputation.
How long do I have to file a brain injury malpractice lawsuit in New York?
Generally, you have two years and six months from the date of the alleged malpractice to file a lawsuit. However, important exceptions may apply, including the continuous treatment doctrine, the discovery rule (extending the deadline up to seven years for injuries not immediately apparent), and tolling for legal incapacity. Given the complexity of these rules, consult an attorney as soon as possible to determine your specific deadline.
What if the hospital says my brain injury was just a complication, not negligence?
Not all complications constitute malpractice. Medical care involves inherent risks, and poor outcomes can occur even with appropriate treatment. However, complications caused by failure to follow accepted protocols, delayed diagnosis, inadequate monitoring, or other breaches of the standard of care may constitute negligence. An experienced attorney can review your medical records and consult with experts to determine whether the complication resulted from negligence or unavoidable risk.
Do I need to prove the hospital intended to harm me?
No. Medical malpractice cases require proving negligence, not intent. You must show that the healthcare provider failed to exercise reasonable care and that this failure caused your injuries. Intent to harm is not required and is extremely rare in medical malpractice cases. Most cases involve mistakes, oversights, or failures to follow proper protocols rather than intentional wrongdoing.
How much does it cost to hire a brain injury lawyer?
Most medical malpractice attorneys work on a contingency fee basis, meaning they only receive payment if they recover compensation for you. The fee is typically a percentage of the recovery, usually 30-40% depending on the complexity of the case and whether it settles or goes to trial. This arrangement allows victims to access experienced legal representation without upfront costs or hourly fees.
What evidence do I need to prove medical negligence caused my brain injury?
Key evidence includes complete medical records from all treating facilities, imaging studies (CT and MRI scans), emergency department records showing when symptoms were reported and when tests were ordered, nursing notes documenting neurological assessments, pharmacy records showing medications administered, and any incident reports filed by the hospital. Your attorney will also obtain expert opinions from medical professionals who can review this evidence and testify about breaches of the standard of care.
Can family members recover compensation if a brain injury victim cannot pursue their own claim?
Yes. When brain injury victims lack capacity to pursue claims due to severe cognitive impairment, family members may be appointed as guardians to bring lawsuits on their behalf. Additionally, spouses may have separate claims for loss of consortium, and family members who provide care may recover for the reasonable value of services rendered. If the victim died from the brain injury, family members may pursue wrongful death claims.
What happens if I accepted a settlement from the hospital’s insurance company?
Accepting and signing a settlement release typically bars further claims against the hospital for the same incident. This is why you should never accept settlement offers or sign releases before consulting with an attorney. Insurance companies often offer quick settlements for far less than claims are worth, hoping to close cases before victims understand the full extent of their injuries and legal rights. Once you sign a release, you generally cannot reopen your claim even if you later discover the injury was worse than initially believed.
Take Action to Protect Your Rights
Brain injuries from hospital negligence can devastate lives, leaving victims with permanent disabilities, lost independence, and overwhelming medical expenses. While NYU Langone Health maintains an excellent reputation for neurological care, even highly-regarded institutions can make errors that harm patients.
If you or a loved one suffered a brain injury at NYU Langone or another New York hospital and you suspect medical negligence played a role, time is critical. New York’s statute of limitations creates strict deadlines for filing lawsuits, and evidence preservation becomes more difficult with each passing day.
The medical malpractice attorneys at our firm have extensive experience handling complex brain injury cases against major hospital systems throughout New York. We work with leading medical experts to thoroughly investigate what happened, why it happened, and how proper care could have prevented the injury. Our track record includes substantial recoveries for brain injury victims and their families.
Get a Free Case Evaluation
Contact us today for a confidential consultation to discuss your brain injury case. We’ll review your medical records, explain your legal options, and help you understand what compensation may be available. There is no fee unless we recover compensation for you.
