A subdural hematoma is a potentially life-threatening brain injury where blood accumulates between the brain and its protective covering (the dura mater). When medical professionals in New York fail to diagnose or properly treat a subdural hematoma, the results can be catastrophic—and may give rise to a medical malpractice lawsuit.
What Is a Subdural Hematoma?
A subdural hematoma (SDH) occurs when blood collects in the space between the brain and the dura mater, typically following head trauma. This accumulation of blood puts pressure on the brain, potentially causing permanent damage or death if not treated promptly.
Types of Subdural Hematomas
Acute Subdural Hematoma
Develops within 72 hours of injury. The most dangerous type with mortality rates of 50-90%. Requires emergency surgical intervention.
Subacute Subdural Hematoma
Develops 3-21 days after injury. Symptoms may be subtle initially but progressively worsen. Still requires urgent medical attention.
Chronic Subdural Hematoma
Develops over weeks to months. More common in elderly patients. May present with gradual cognitive decline or weakness.
Causes of Subdural Hematoma
Subdural hematomas can result from various causes:
- Traumatic head injuries – Falls, motor vehicle accidents, assaults
- Birth injuries – Vacuum extraction, forceps delivery, difficult labor
- Anticoagulant medications – Blood thinners increase bleeding risk
- Alcohol abuse – Associated with brain atrophy and increased fall risk
- Age-related brain changes – Elderly patients have higher risk due to bridging vein fragility
High-Risk Populations
| Population | Risk Factors | Special Considerations |
|---|---|---|
| Elderly (65+) | Brain atrophy, falls, blood thinners | Chronic SDH may develop from minor trauma |
| Newborns | Birth trauma, vacuum/forceps delivery | May have subtle symptoms; imaging critical |
| Anticoagulated patients | Warfarin, aspirin, newer blood thinners | Lower threshold for imaging after any head trauma |
| Athletes | Contact sports, repeated head impacts | Second impact syndrome risk |
Symptoms of Subdural Hematoma
Symptoms vary based on the type and severity of the hematoma:
Acute Symptoms (Immediate to 72 hours)
- Severe headache
- Loss of consciousness
- Confusion or disorientation
- Slurred speech
- Weakness on one side of body
- Seizures
- Vomiting
- Unequal pupil size
Chronic Symptoms (Weeks to months)
- Progressive headaches
- Memory problems
- Personality changes
- Difficulty walking or balance problems
- Gradual weakness
- Cognitive decline (often mistaken for dementia)
When Does a Subdural Hematoma Become Medical Malpractice?
Medical malpractice in subdural hematoma cases typically involves:
Failure to Diagnose
Emergency Room Errors
- Not ordering CT scan after head trauma
- Dismissing symptoms as intoxication
- Failure to recognize high-risk patients
- Inadequate neurological examination
Diagnostic Errors
- Misreading CT or MRI scans
- Confusing SDH with stroke
- Attributing symptoms to dementia
- Failing to order follow-up imaging
Delayed Treatment
- Failure to consult neurosurgery promptly
- Delays in surgical intervention
- Not transferring to appropriate facility
- Inadequate monitoring allowing deterioration
Birth Injury Cases
Subdural hematomas in newborns may result from:
- Excessive force during vacuum extraction
- Improper forceps application
- Failure to perform timely cesarean section
- Delayed recognition of fetal distress
- Failure to diagnose and treat after delivery
Nursing Home Negligence
Elderly residents are particularly vulnerable to subdural hematomas from falls. Malpractice may occur when facilities:
- Fail to implement fall prevention measures
- Do not promptly evaluate residents after falls
- Delay transfer to hospital for imaging
- Fail to monitor anticoagulated patients appropriately
New York Medical Malpractice Requirements
To succeed in a subdural hematoma lawsuit in New York, you must prove:
1. Doctor-Patient Relationship
A treatment relationship existed, creating a duty of care.
2. Breach of Standard of Care
The provider failed to meet accepted medical standards.
3. Causation
The breach directly caused or worsened your injuries.
4. Damages
You suffered actual harm requiring compensation.
New York Statute of Limitations
Under CPLR § 214-a, you have 2 years and 6 months from the date of malpractice to file suit. Important exceptions:
| Exception | Time Limit | Details |
|---|---|---|
| Continuous Treatment | 2.5 years from end of treatment | Clock starts when treatment relationship ends |
| Foreign Object | 1 year from discovery | For objects left in body during surgery |
| Minor Children | Until age 18, max 10 years | For birth injuries and pediatric cases |
| Wrongful Death | 2 years from death | Separate from malpractice deadline |
Certificate of Merit Requirement
New York law (CPLR § 3012-a) requires filing a Certificate of Merit with your complaint, confirming that a qualified medical expert has reviewed your case and believes malpractice occurred. This expert must be licensed in the relevant specialty and familiar with the applicable standard of care.
Compensation in Subdural Hematoma Cases
Types of Damages Available
Economic Damages
- Medical bills (past and future)
- Rehabilitation costs
- Lost wages and earning capacity
- Home care and modifications
- Assistive devices and equipment
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Cognitive impairment
- Loss of consortium
Settlement and Verdict Examples
| Case Description | Amount | Key Details |
|---|---|---|
| Delayed diagnosis in ER | $75.9 million | Patient sent home, returned with severe brain damage |
| Misread CT scan | $4.6 million | Radiologist failed to identify acute SDH |
| Nursing home fall | $4.0 million | Facility failed to transfer for imaging after fall |
| Birth injury SDH | $13.5 million | Vacuum extraction caused newborn brain bleed |
| Anticoagulation management | $1.1 million | Failed to reverse blood thinners before SDH expanded |
Who Can Be Held Liable?
Multiple parties may share responsibility:
- Emergency room physicians – For diagnostic failures
- Radiologists – For misreading imaging studies
- Neurosurgeons – For surgical errors or delays
- Hospitals – For systemic failures or understaffing
- Nursing homes – For fall prevention and response failures
- Obstetricians – For birth injury-related SDH
- Primary care physicians – For failing to refer or order imaging
Steps to Protect Your Legal Rights
1. Get Complete Medical Records
Request all records including CT scans, MRIs, nursing notes, and physician documentation. You have a legal right to these records.
2. Document Your Experience
Keep a journal of symptoms, treatments, and how the injury affects daily life. Note names of all treating providers.
3. Preserve Evidence
Do not dispose of medications, medical devices, or any items related to your care. Take photos if relevant.
4. Consult an Attorney Promptly
Medical malpractice cases have strict deadlines. An experienced attorney can evaluate your case and protect your rights.
Frequently Asked Questions
What is a subdural hematoma?
A subdural hematoma is a collection of blood between the brain and its outer protective covering (dura mater). It typically results from head trauma and can be life-threatening if not promptly diagnosed and treated. The blood accumulation puts pressure on the brain, potentially causing permanent damage.
Can I sue for a subdural hematoma?
You may have grounds for a lawsuit if medical professionals failed to properly diagnose or treat your subdural hematoma, and this failure caused additional harm. Common grounds include failure to order appropriate imaging, misreading CT scans, delayed surgical intervention, or premature discharge from the hospital.
What is the statute of limitations for subdural hematoma lawsuits in New York?
New York generally allows 2 years and 6 months from the date of malpractice to file a medical malpractice lawsuit. However, exceptions exist for continuous treatment, cases involving minors, and wrongful death claims. Consulting an attorney promptly is essential to preserve your rights.
What is the average settlement for a subdural hematoma malpractice case?
Settlements vary widely based on the severity of injury, extent of negligence, and economic losses. Cases involving permanent brain damage or death often settle for $1-10 million or more. Factors affecting value include age, lost earning capacity, medical expenses, and the strength of evidence showing malpractice.
Do I need a lawyer for a subdural hematoma lawsuit?
Yes, medical malpractice cases are complex and require expert testimony to prove negligence. An experienced attorney will have access to qualified medical experts, understand the legal requirements, and be able to negotiate effectively with insurance companies and defense attorneys.
What is the Certificate of Merit requirement in New York?
New York law requires plaintiffs to file a Certificate of Merit stating that a medical expert has reviewed the case and found reasonable basis to believe malpractice occurred. This must be filed with the complaint and helps ensure frivolous cases are not brought forward.
How long does a subdural hematoma lawsuit take?
Medical malpractice cases in New York typically take 2-4 years to resolve. The timeline depends on case complexity, whether liability is contested, the extent of discovery needed, and court schedules. Some cases settle before trial, while others require a full jury verdict.
Can nursing homes be sued for subdural hematomas from falls?
Yes. Nursing homes have a duty to prevent falls and promptly evaluate residents who do fall. If a facility failed to implement proper safety measures, did not assess a resident after a fall, or delayed transfer to a hospital, they may be liable for resulting subdural hematoma injuries.
What if the subdural hematoma was caused by a birth injury?
Birth-related subdural hematomas may result from excessive force during delivery, improper use of vacuum extractors or forceps, or failure to perform a timely cesarean section. These cases often involve significant damages due to the lifelong impact on the child. Special statute of limitations rules apply to minors.
What compensation can I receive for a subdural hematoma injury?
Compensation may include medical expenses (past and future), lost wages and earning capacity, rehabilitation costs, pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, families may recover funeral expenses and loss of financial support.
Get Help With Your Subdural Hematoma Case
Subdural hematoma cases require attorneys who understand both the medical complexities and New York’s specific legal requirements. Our free service connects families with qualified medical malpractice attorneys experienced in brain injury cases.
There is no cost to use our service. The attorneys we work with handle cases on a contingency fee basis—you pay nothing unless they recover compensation for you.
