Understanding Brain Injury Claims at Montefiore Medical Center
Montefiore Medical Center in the Bronx serves thousands of patients each year, providing critical care through multiple facilities including the Einstein Campus and Moses Campus. While Montefiore is recognized for its neurocritical care programs, medical errors can and do occur, sometimes resulting in devastating brain injuries that change lives forever. When hospital negligence causes a traumatic brain injury, victims and their families face not only the medical challenges of recovery but also the legal complexities of holding a large medical institution accountable.
Brain injuries resulting from hospital negligence at Montefiore Medical Center can stem from various forms of medical malpractice, including delayed diagnosis, surgical errors, medication mistakes, and inadequate patient monitoring. According to the Centers for Disease Control and Prevention, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021, representing more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day across the United States. When these injuries occur due to preventable medical errors, victims have legal rights to pursue compensation.
Key Takeaways
- Hospital negligence at Montefiore: Medical errors including delayed diagnosis, surgical mistakes, and medication errors can cause severe brain injuries.
- Legal time limits: New York’s medical malpractice statute of limitations is 2.5 years, with important exceptions for brain injury victims including tolling for cognitive impairment.
- Significant verdicts: Montefiore has faced substantial malpractice verdicts, including a $12.2 million award for brain damage from delayed cardiac arrest treatment.
- Complex causation: Proving hospital negligence caused your brain injury requires expert medical testimony and detailed documentation.
- No upfront costs: Brain injury attorneys typically work on contingency, meaning you pay no fees unless they recover compensation for you.
What Is Montefiore Medical Center?
Montefiore Medical Center is an academic medical center and university hospital located in the Bronx, New York. The system includes multiple facilities, with the Einstein Campus and Moses Campus serving as the primary teaching hospitals for the Albert Einstein College of Medicine. Montefiore operates as one of the largest healthcare systems in New York, providing comprehensive medical services including emergency care, neurosurgery, neurocritical care, and specialized brain injury treatment.
According to the New York State Department of Health, Montefiore Health System’s Skilled Nursing Facility Collaborative for 2025-2026 includes Helen Hayes Hospital, which provides comprehensive inpatient, outpatient, and specialty services to individuals recovering from brain injury, spinal cord injury, amputation, and stroke. Additionally, Burke Rehabilitation, a member of the Montefiore Health System, has been named among the nation’s Best Rehabilitation Hospitals by U.S. News & World Report in their 2025-26 rankings.
Despite these accolades and specialized programs, the size and complexity of Montefiore’s operations create multiple points where medical errors can occur. When these errors result in brain injuries, victims need experienced legal representation to navigate claims against such a large institution.
How Does Hospital Negligence Cause Brain Injuries?
Brain injuries at hospitals like Montefiore can result from various forms of medical negligence. Understanding these common causes helps victims recognize when their injury may have been preventable.
Delayed or Missed Diagnosis
Failing to timely diagnose conditions that can result in traumatic brain injury represents one of the most common forms of hospital negligence. When emergency room physicians, neurologists, or other medical staff fail to recognize signs of head trauma, stroke, brain bleeding, or infections affecting the brain, critical treatment windows close. Brain injuries often don’t show symptoms immediately, and without proper diagnostic imaging and neurological examinations, dangerous conditions can progress undetected.
In cases of misdiagnosis or delayed diagnosis of closed head injury, failure to treat swelling, clotting, or bleeding within the brain can cause pressure to build within the skull. Without swift action to relieve this pressure, the brain can become stretched or compressed, resulting in permanent damage that might have been prevented with timely intervention.
Inadequate Patient Monitoring
Proper monitoring of patients at risk for brain injury requires vigilant nursing care and appropriate staff-to-patient ratios. A lack of proper medical staff or oversight in hospitals or emergency rooms can result in missed diagnoses and delayed recognition of neurological deterioration. Patients recovering from surgery, experiencing cardiac events, or suffering from conditions affecting brain perfusion need continuous monitoring to detect early warning signs of brain damage.
Anesthesia errors represent a particularly dangerous form of inadequate monitoring. When a patient suffers brain tissue damage due to insufficient oxygen levels during surgery, signs of cognitive impairment may not be noticeable until hours or days later. Without immediate recognition and intervention, delayed treatment can cause further brain damage that compounds the initial injury.
Surgical Errors
Brain surgeries require precision, and mistakes during neurosurgical procedures can lead to catastrophic outcomes. Surgical errors that cause brain injuries include operating on the wrong site, damaging brain tissue during the procedure, failing to monitor oxygen supply during surgery, leaving surgical instruments or materials inside the skull, and post-operative complications that go unrecognized or untreated.
Even surgeries not involving the brain can cause brain injuries when complications arise. Cardiac surgeries, vascular procedures, and operations requiring general anesthesia all carry risks of brain damage if proper protocols are not followed.
Medication Errors
Medication mistakes represent a preventable cause of brain injury that can occur at multiple points in hospital care. Doctors may prescribe the wrong dosage of medication, pharmacists can dispense incorrect medications, nurses can administer an incorrect dosage, and hospital equipment used in treatment can malfunction. Each of these errors is preventable and can cause brain injury through various mechanisms including stroke from blood thinning medication errors, seizures from improper dosing of neurological medications, or toxic reactions affecting brain function.
Warning: Hidden Brain Injuries
It’s a common misconception that brain injuries can only occur if the head is visibly injured. However, even without a direct hit to the head, a violent jolt or sudden movement could cause the brain tissue to shift inside the skull, leading to an injury. This is known as a coup-contrecoup brain injury, where the brain violently moves back and forth, causing internal bruising and soft tissue damage.
Notable Brain Injury Cases at Montefiore
Montefiore Medical Center has faced significant medical malpractice lawsuits involving brain injuries. These cases illustrate the types of negligence that can occur and the substantial damages courts may award when hospital errors cause devastating harm.
Stephen A. Michalski Case
A patient suffered cardiopulmonary arrest that damaged his brain at the Jack D. Weiler Hospital of the Albert Einstein College of Medicine, part of the Montefiore system. The patient claimed the brain damage could have been prevented by faster treatment of his cardiac arrest.
Defendants: Jack D. Weiler Hospital, nurse Isidro Monterroyo, cardiologists Dr. Gerald Galst and Dr. E. Scott Monrad, Albert Einstein College of Medicine, and Montefiore Medical Center.
Verdict: $12,192,000 for the plaintiff in Bronx County Court.
Heart Surgery Wrongful Death
A 70-year-old woman died after being subjected to the wrong heart procedure at Montefiore Medical Center. The case involved surgical errors that led to preventable complications and ultimate death.
Attorney: Judith Livingston secured the verdict for the family.
Verdict: $31 million wrongful death verdict, demonstrating the severity of harm when surgical errors occur in complex cardiac procedures.
These cases demonstrate that even prestigious medical institutions with specialized programs can commit errors that cause catastrophic brain injuries. The significant verdicts reflect both the severity of harm caused by medical negligence and juries’ willingness to hold large hospitals accountable when preventable errors devastate lives.
Legal Rights of Brain Injury Victims in New York
If you or a loved one suffered a brain injury due to negligence at Montefiore Medical Center, New York law provides important legal protections and rights. Understanding these rights helps victims pursue appropriate compensation and accountability.
Elements of a Medical Malpractice Claim
To succeed in a brain injury medical malpractice case against Montefiore, you must establish four key elements:
- Doctor-Patient Relationship: You must show that Montefiore or its medical staff owed you a duty of care through an established doctor-patient relationship.
- Breach of Standard of Care: The medical care provided fell below the accepted standard of care that a reasonably competent medical professional would have provided under similar circumstances.
- Causation: The breach of the standard of care directly caused your brain injury. This often requires expert medical testimony linking the negligent act to the harm suffered.
- Damages: You suffered actual damages as a result, including medical expenses, lost wages, pain and suffering, and diminished quality of life.
New York’s Statute of Limitations for Brain Injury Cases
According to New York Civil Practice Law and Rules Section 214-A, an action for medical malpractice must be commenced within two years and six months of the act, omission, or failure complained of, or the last treatment where there is continuous treatment for the same illness, injury, or condition.
However, brain injury cases benefit from several important exceptions:
| Exception | How It Works | Impact on Brain Injury Cases |
|---|---|---|
| Continuous Treatment Doctrine | The statute of limitations clock doesn’t start until the patient finishes treatment with the provider for the same condition | If Montefiore continues treating your brain injury, the clock may not start until that treatment ends |
| Discovery Rule | Effective January 31, 2018, extends the limitations period until the injury is discovered | If you didn’t immediately realize your symptoms resulted from medical negligence, the clock may start when you discover the connection |
| Tolling for Insanity | Severe cognitive impairment can pause the statute of limitations clock | Brain trauma that leaves you unable to manage your own affairs may toll the limitations period |
These exceptions provide critical protections for brain injury victims who may not immediately recognize the extent of their injuries or their relationship to medical negligence. However, the complexity of these rules makes it essential to consult with an experienced attorney as soon as you suspect medical malpractice may have caused your brain injury.
Time Is Critical
Even with exceptions to the statute of limitations, acting quickly protects your claim. Medical records can be lost or destroyed, witnesses’ memories fade, and defendants have opportunities to build their defense. Consulting with a brain injury attorney promptly ensures evidence is preserved and your rights are protected from the start.
Types of Compensation Available
Brain injury victims who successfully prove medical malpractice at Montefiore may recover several categories of damages. New York law permits both economic and non-economic damages in medical malpractice cases.
Economic Damages
Economic damages compensate for measurable financial losses resulting from your brain injury:
- Past and Future Medical Expenses: All costs of treating the brain injury, including emergency care, hospitalization, surgery, rehabilitation, medications, medical equipment, and long-term care needs.
- Lost Wages: Income you lost while unable to work during recovery.
- Loss of Earning Capacity: The difference between what you could have earned in your career without the brain injury versus what you can earn now with your limitations.
- Life Care Costs: For severe brain injuries requiring ongoing assistance, compensation for home modifications, personal care attendants, and other lifetime support needs.
Non-Economic Damages
Non-economic damages address the intangible harms brain injuries cause:
- Pain and Suffering: Physical pain and mental anguish caused by the injury and its treatment.
- Loss of Quality of Life: The inability to enjoy activities and experiences you previously valued.
- Emotional Distress: Depression, anxiety, and psychological trauma resulting from the brain injury.
- Loss of Consortium: For spouses, compensation for the loss of companionship, intimacy, and support.
The substantial verdicts in Montefiore cases demonstrate that juries recognize the profound impact brain injuries have on victims and their families. While no amount of money can fully compensate for a life-altering brain injury, appropriate damages provide financial security for necessary care and acknowledge the harm suffered.
How to Prove Medical Malpractice Caused Your Brain Injury
Establishing that hospital negligence at Montefiore caused your brain injury requires substantial evidence and expert medical testimony. Understanding the proof required helps you work effectively with your attorney to build a strong case.
Medical Records and Documentation
Your medical records form the foundation of your case. These documents show what Montefiore’s medical staff knew, when they knew it, what treatments they provided, and how they responded to changes in your condition. Key records include emergency room notes, physician orders, nursing notes, laboratory and imaging results, surgical reports, medication administration records, and hospital policies and procedures relevant to your care.
Your attorney will obtain complete copies of these records and have medical experts review them to identify deviations from the standard of care.
Expert Medical Testimony
New York law requires expert testimony to establish the standard of care, show how Montefiore breached that standard, and prove causation between the breach and your brain injury. Your attorney will retain qualified medical experts, typically physicians in the same specialty as the defendant doctors, to review your case and provide opinions on whether negligence occurred.
These experts must be prepared to testify that the care provided fell below acceptable medical standards and that this substandard care directly caused your brain injury. In complex cases involving multiple potential causes, experts must explain why medical negligence, rather than other factors, produced the harm.
Evidence of Damages
Proving the full extent of your damages requires comprehensive documentation of how the brain injury has affected your life. This includes medical bills and treatment records, employment records showing lost wages, expert testimony on future medical needs, vocational expert opinions on lost earning capacity, testimony from family members about changes in your abilities and personality, and evidence of daily living challenges and care needs.
The more thoroughly you document these impacts, the stronger your claim for full compensation becomes.
Medical Records
Complete documentation of all care provided, including timing of interventions, diagnostic test results, and staff observations of your condition throughout treatment.
Expert Witnesses
Qualified medical professionals who can explain to a jury how Montefiore’s care deviated from accepted standards and caused your brain injury.
Life Impact Evidence
Documentation showing how the brain injury has changed your cognitive abilities, employment prospects, daily functioning, and relationships with loved ones.
The Legal Process for Brain Injury Claims at Montefiore
Understanding what to expect in the legal process helps you prepare for the journey ahead. While each case is unique, most brain injury medical malpractice claims against Montefiore follow a similar path.
Initial Consultation and Case Investigation
Your case begins with a consultation with a brain injury attorney who will review your medical history, discuss what happened, and evaluate whether you have viable grounds for a malpractice claim. If the attorney believes your case has merit, they will conduct a thorough investigation including obtaining and reviewing all medical records, consulting with medical experts for preliminary opinions, and researching relevant medical literature and legal precedents.
This investigation phase typically takes several weeks to a few months, depending on the complexity of your case and the volume of medical records involved.
Filing the Lawsuit
Once the investigation confirms viable malpractice claims, your attorney files a summons and complaint in the appropriate New York court. The complaint identifies the defendants, describes the negligent acts, explains how they caused your brain injury, and specifies the damages you seek.
In medical malpractice cases, New York requires filing a certificate of merit from a qualified medical expert stating that there is a reasonable basis to believe malpractice occurred. This requirement ensures only credible claims proceed to litigation.
Discovery and Expert Depositions
Discovery is the evidence-gathering phase where both sides exchange information. This includes document production of all relevant medical and financial records, interrogatories written questions both sides must answer under oath, depositions sworn testimony from you, the defendant doctors and nurses, and expert witnesses, and independent medical examinations where defense doctors may examine you.
Discovery in brain injury cases can be extensive, often lasting a year or more, as both sides build their understanding of the complex medical and factual issues involved.
Settlement Negotiations
Many medical malpractice cases settle before trial. Your attorney will engage in negotiations with Montefiore’s lawyers and insurers to reach a fair settlement. These negotiations intensify as trial approaches, with both sides evaluating the strength of their positions and the risks of going to trial.
Settlement offers vary widely based on the severity of your brain injury, the strength of the liability evidence, and the defendant’s assessment of trial risk. Your attorney will advise you on whether settlement offers are fair given your circumstances.
Trial
If settlement negotiations fail, your case proceeds to trial where a jury will decide whether Montefiore committed malpractice and, if so, what damages you should receive. Trials involve opening statements, presentation of evidence including medical records, expert testimony, and witness testimony, cross-examination of all witnesses, closing arguments, jury deliberations, and verdict.
Medical malpractice trials can last anywhere from several days to several weeks, depending on the complexity of the medical issues and the number of experts testifying.
Why Brain Injuries at Hospitals Are Often Missed
Understanding why hospitals sometimes fail to diagnose brain injuries helps explain how negligence occurs. Several factors contribute to these dangerous oversights.
Subtle Initial Symptoms
Brain injuries often present with symptoms that could indicate various conditions. Headaches, dizziness, confusion, and fatigue might be attributed to dehydration, medication side effects, or the primary condition that brought the patient to the hospital. Without a high index of suspicion and appropriate diagnostic testing, medical staff may miss the early signs of developing brain damage.
Inadequate Neurological Monitoring
Proper neurological assessment requires regular evaluation of consciousness level, pupil response, motor function, and cognitive status. When hospitals are understaffed or nurses carry excessive patient loads, these critical assessments may be performed less frequently or less thoroughly than necessary. Changes that would alert attentive staff to developing brain injury can go unnoticed until severe damage occurs.
Communication Failures
Modern hospital care involves multiple providers, including attending physicians, residents, specialists, nurses, and ancillary staff. When communication breaks down between these providers, critical information about neurological changes may not reach the physicians who need to act on it. Shift changes, incomplete documentation, and hierarchical barriers to reporting concerns all contribute to dangerous gaps in care continuity.
Cognitive Biases
Medical providers can fall victim to cognitive biases that interfere with accurate diagnosis. Anchoring bias, where doctors fixate on an initial diagnosis and fail to reconsider as new information emerges, and confirmation bias, where they interpret new symptoms as confirming their existing diagnosis rather than suggesting an alternative, can prevent recognition of brain injuries developing as complications of other conditions.
Long-Term Consequences of Hospital-Acquired Brain Injuries
Brain injuries caused by hospital negligence can result in permanent impairments that affect every aspect of your life. Understanding these potential consequences helps victims and families prepare for the challenges ahead and underscores the importance of seeking full compensation.
Cognitive Impairments
Brain injuries frequently affect cognitive function, including memory problems, difficulty concentrating or maintaining attention, slowed processing speed, impaired judgment and decision-making, and difficulty with executive function and planning. These cognitive changes can make it impossible to return to previous employment, manage household finances, or maintain independence in daily activities.
Physical Limitations
Depending on the brain regions affected, physical consequences may include motor weakness or paralysis, coordination and balance problems, chronic pain, vision or hearing impairment, speech difficulties, and seizure disorders. These physical limitations often require ongoing therapy, adaptive equipment, and in severe cases, full-time personal care assistance.
Emotional and Behavioral Changes
Brain injuries can dramatically alter personality and emotional regulation. Victims may experience depression and anxiety, mood swings and irritability, reduced impulse control, social inappropriateness, and personality changes that strain relationships with family and friends. These changes can be particularly devastating for loved ones who feel they’ve lost the person they knew.
Financial Impact
The lifetime costs of severe brain injuries can reach millions of dollars. Immediate medical expenses for emergency care, surgery, and acute hospitalization represent just the beginning. Long-term costs include ongoing rehabilitation therapy, medications and medical equipment, home modifications for accessibility, vehicle modifications, personal care attendants, and lost income from inability to work.
This is why securing full compensation in medical malpractice cases is so critical. Victims need financial resources to cover these extensive lifetime costs.
Choosing the Right Attorney for Your Montefiore Brain Injury Case
Brain injury medical malpractice cases against large hospital systems like Montefiore require attorneys with specific experience and resources. The right attorney can make the difference between recovering fair compensation and accepting inadequate settlement offers.
Experience with Brain Injury Cases
Look for attorneys who have successfully handled brain injury cases specifically, not just general personal injury matters. Brain injury cases involve complex medical issues requiring attorneys who understand neurological concepts, can effectively question medical experts, and recognize the full scope of future damages these injuries cause.
Track Record Against Hospitals
Large hospital systems like Montefiore have substantial resources and experienced defense attorneys. Your attorney should have a proven track record of taking on major hospitals and achieving favorable results, whether through settlement or trial verdicts. Ask about specific cases and results involving hospital negligence claims.
Resources for Expert Witnesses
Medical malpractice cases require multiple expert witnesses, including medical experts to establish the standard of care and causation, life care planners to project future medical needs, economists to calculate lost earning capacity, and vocational experts to assess employment limitations. Quality expert witnesses are expensive. Ensure your attorney has the financial resources to retain the necessary experts for your case.
Contingency Fee Structure
Most brain injury attorneys work on contingency, meaning you pay no upfront fees and the attorney receives a percentage of any recovery. This structure makes legal representation accessible regardless of your financial situation. However, understand the fee percentage and how case expenses are handled. Ask whether the fee percentage is calculated before or after expenses are deducted, as this can significantly impact your net recovery.
Communication and Compassion
Brain injury cases can take years to resolve. You need an attorney who communicates regularly, explains developments in terms you understand, and shows genuine compassion for what you and your family are experiencing. Trust your instincts during the initial consultation about whether this is someone you can work with through a long, challenging process.
No Fee Unless We Win
Contingency fee arrangements protect brain injury victims from financial risk while pursuing justice. You should never pay upfront fees or hourly rates for a brain injury medical malpractice case. If an attorney requests payment before achieving a recovery, look elsewhere for representation.
Steps to Take After a Brain Injury at Montefiore
If you or a loved one suffered a brain injury that you believe resulted from medical negligence at Montefiore Medical Center, taking the right steps immediately can protect both your health and your legal rights.
Prioritize Medical Treatment
Your health comes first. Follow all medical advice, attend all follow-up appointments, and engage fully in prescribed rehabilitation. This not only maximizes your recovery but also creates a complete medical record documenting the extent of your injury and your efforts to mitigate damages.
Document Everything
Keep detailed records of all medical treatments, medications, symptoms you experience, and how the brain injury affects your daily life. Take photographs of visible injuries. Keep a journal documenting cognitive difficulties, physical limitations, and emotional challenges. This contemporaneous documentation becomes powerful evidence of your damages.
Preserve Evidence
Request copies of all medical records from Montefiore and any other providers who treated your brain injury. Medical records can be lost or destroyed over time, so obtaining copies early protects your access to this critical evidence. Save all bills and receipts related to your treatment and care.
Avoid Discussing Your Case
Do not discuss your potential malpractice claim on social media or with anyone other than your attorney. Insurance companies and defense attorneys monitor social media for information they can use against you. What seems like an innocent post about your activities can be mischaracterized to suggest your injuries are less severe than claimed.
Consult an Attorney Promptly
Contact a brain injury attorney as soon as you suspect medical negligence may have caused your injury. Early consultation allows your attorney to preserve evidence, interview witnesses while memories are fresh, and ensure all legal deadlines are met. Most brain injury attorneys offer free initial consultations, so you risk nothing by seeking legal advice.
Do Not Accept Early Settlement Offers
Insurance companies sometimes make quick settlement offers before victims understand the full extent of their injuries. Brain damage can take months or years to fully manifest. Do not accept any settlement without first consulting with an attorney who can evaluate whether the offer fairly compensates you for all your damages, both current and future.
Frequently Asked Questions
How do I know if medical negligence at Montefiore caused my brain injury?
Determining whether medical negligence caused your brain injury requires expert medical analysis. Warning signs include your condition worsening unexpectedly during hospital care, medical staff failing to respond to concerning symptoms, diagnostic tests being delayed or not ordered despite symptoms suggesting brain injury, or learning that standard protocols were not followed. However, only a qualified medical expert reviewing your records can definitively determine whether negligence occurred. Consult with a brain injury attorney who can have experts evaluate your case.
What is the deadline for filing a brain injury lawsuit against Montefiore Medical Center?
New York’s statute of limitations for medical malpractice is generally 2.5 years from the date of the negligent act or the last treatment for the same condition under the Continuous Treatment Doctrine. However, brain injury cases may benefit from extensions including the Discovery Rule if you didn’t immediately realize your injury resulted from malpractice, or tolling for insanity if your cognitive impairment prevents you from managing your legal affairs. Given these complexities, consult with an attorney immediately rather than waiting to ensure your rights are protected.
Can I sue Montefiore if my loved one cannot communicate due to brain damage?
Yes. If your loved one is incapacitated due to brain injury, you may be able to file a lawsuit on their behalf by becoming their legal guardian through the court system. Additionally, if the brain injury ultimately caused their death, certain family members can bring a wrongful death claim. An experienced brain injury attorney can guide you through the specific legal procedures required to pursue claims when the victim cannot do so themselves.
How much does it cost to hire a lawyer for a Montefiore brain injury case?
Most brain injury attorneys work on a contingency fee basis, meaning you pay no upfront costs or hourly fees. The attorney receives a percentage of any settlement or verdict recovered, typically ranging from 33% to 40% depending on whether the case settles or goes to trial. If no recovery is obtained, you owe no attorney fees. However, you may be responsible for case expenses like expert witness fees and court costs, though many attorneys advance these costs and only recoup them from a successful recovery. Discuss the fee structure in detail during your initial consultation.
What types of compensation can I recover for a brain injury caused by Montefiore’s negligence?
New York law allows recovery of both economic and non-economic damages. Economic damages include all past and future medical expenses, lost wages, loss of earning capacity, costs of life care including home modifications and personal care attendants, and rehabilitation expenses. Non-economic damages compensate for pain and suffering, loss of quality of life, emotional distress, and loss of consortium for spouses. The total value depends on the severity of your injury, the strength of the liability evidence, and how the injury impacts your specific circumstances.
How long does a brain injury lawsuit against Montefiore typically take?
Brain injury medical malpractice cases are complex and typically take 2 to 4 years from filing to resolution. The timeline includes several months for initial investigation and case preparation before filing, 12 to 18 months or more for discovery including depositions and expert reports, settlement negotiations which may occur throughout the process but often intensify before trial, and trial preparation and the trial itself if settlement is not reached. While this seems lengthy, thorough preparation is essential for achieving the best possible outcome. Your attorney can provide a more specific timeline based on your particular case circumstances.
Will my case go to trial or settle out of court?
Most medical malpractice cases settle before trial, but this is not guaranteed. Settlement depends on multiple factors including the strength of the liability evidence showing Montefiore’s negligence, the severity of your brain injury and resulting damages, the defendant’s willingness to offer fair compensation, and both sides’ assessment of trial risk. Your attorney will advise you on settlement offers and whether accepting a settlement or proceeding to trial is in your best interest. Ultimately, the decision to settle or go to trial is yours to make with your attorney’s guidance.
Can I still file a claim if I signed consent forms before my treatment at Montefiore?
Yes. Consent forms acknowledge that you understand the risks of medical procedures, but they do not waive your right to sue for medical negligence. Hospitals cannot contract away their obligation to provide care that meets acceptable medical standards. If Montefiore’s medical staff were negligent in ways that caused your brain injury, you have legal rights regardless of what consent forms you signed. The consent forms may be relevant to whether you were adequately informed of risks, but they do not prevent you from pursuing a malpractice claim for substandard care.
Contact a Brain Injury Attorney Today
If you or a loved one suffered a brain injury at Montefiore Medical Center that you believe resulted from medical negligence, you don’t have to face this challenge alone. Experienced brain injury attorneys understand the complex medical and legal issues these cases involve and can fight for the full compensation you deserve.
Brain injuries change lives forever, affecting your cognitive abilities, physical functioning, relationships, and financial security. When hospital negligence causes these devastating injuries, you have legal rights to hold the responsible parties accountable and recover damages for your losses. However, medical malpractice claims against major hospital systems like Montefiore require substantial legal and medical resources, expert testimony, and extensive investigation.
Time is critical in brain injury cases. Evidence must be preserved, medical experts must review your care while the details are fresh, and legal deadlines must be met. Don’t wait to seek legal advice. Most brain injury attorneys offer free initial consultations where they can evaluate your case, explain your legal options, and answer your questions about the process ahead.
Get the Legal Help You Deserve
Brain injury cases require experienced attorneys who understand the complex medical issues involved and have the resources to take on major hospitals. Contact us today for a free consultation to discuss your Montefiore brain injury case and learn how we can help you pursue justice and compensation.
