Brain Injury Misdiagnosis: What to Do if Your Injury Was Overlooked

• March 1, 2025
• The Stoddard Firm
• Brain Injury

When it comes to health concerns, few things are as complex as a brain injury. The brain, a critical organ controlling everything from basic motor skills to complex cognitive functions, requires precise and timely care when injured.

However, not every brain injury receives the attention and diagnosis it needs. Cases of misdiagnosed brain injury are not uncommon, and the repercussions can be profound, affecting every facet of a person’s life.

An overlooked concussion might seem minor at first, but it can lead to serious long-term health issues if not properly treated. Similarly, a delayed TBI (traumatic brain injury) diagnosis can prevent the timely intervention necessary to minimize long-term damage. These situations often arise from medical oversight or a failure to take a patient’s symptoms seriously.

Unfortunately, these misdiagnoses can often rise to the level of medical malpractice. Medical professionals have a duty to provide an accepted standard of care, and missing a significant diagnosis like a brain injury falls short of this.

At The Stoddard Firm, we know how devastating it can be to have your health concerns ignored. As experienced brain injury misdiagnosis lawyers in Atlanta, we help clients who have been let down by the medical system as they fight for the justice and compensation they deserve.

We’re here to stand by your side, guiding you through the complex legal process while ensuring your voice is heard.

Why Brain Injuries Are Commonly Misdiagnosed

There isn’t one single cause for brain injury misdiagnosis. Instead, it tends to be a combination of influential factors.

Symptoms Are Subtle or Delayed

Brain injuries are difficult to diagnose accurately, often because their symptoms can be subtle or delayed in their onset. This complexity begins with the nature of the injury itself; symptoms such as headaches, dizziness, or slight confusion can easily be mistaken for less serious conditions like migraines or general fatigue.

Additionally, these symptoms can vary widely among individuals, making it challenging for medical professionals to pinpoint a diagnosis based purely on initial assessments.

Standard Imaging Tests Can’t Reliably Detect Brain Injuries

Compounding the problem is the fact that the standard imaging tests used in emergency rooms, such as CT scans, are not always sensitive enough to detect mild traumatic brain injuries (TBIs) or concussions.

These scans are excellent at identifying life-threatening conditions like severe hemorrhages or skull fractures, but less severe brain injuries can slip through without detection, especially if the symptoms don’t seem severe at the moment of examination.

Symptoms Are Difficult to Recognize

Another layer of complexity is added by the patient’s interaction with their symptoms. Individuals might not immediately recognize the gravity of their condition or might attribute their symptoms to fatigue, stress, or other minor ailments.

This can lead to underreporting of symptoms during medical examinations, leading healthcare providers to prioritize more visible or acute injuries.

Brain Injury Symptoms Can Mimic Other Conditions

Brain injuries can present symptoms that mimic other conditions, such as fatigue, depression, or even the flu. Without a thorough examination and detailed patient history, it’s easy for healthcare providers to misattribute these symptoms, leading to a misdiagnosis.

In some cases, medical professionals may focus more on visible injuries, like broken bones or external wounds, and overlook the possibility of internal brain trauma.

Consequences of Misdiagnosis

The failure to properly diagnose and treat a brain injury can lead to severe complications. Some of the consequences include:

• Worsening Health Conditions: When a brain injury goes undiagnosed, the lack of appropriate treatment can lead to worsening symptoms. This might include more severe headaches, increased dizziness, and heightened sensitivity to light and noise.
• Delayed Recovery: Immediate and specialized treatment is crucial for recovery from brain injuries. A misdiagnosis can delay this critical care, thereby extending the recovery period and in some cases, leading to irreversible damage that could have been prevented or mitigated with earlier intervention.
• Financial Strain: Untreated or worsening brain injuries can result in an inability to work, leading to lost wages and financial instability. The costs of brain injuries, including ongoing medical appointments, which may eventually include treatments for worsening conditions, can add up, creating a financial burden without the appropriate medical support or compensation.
• Social and Relational Strain: As individuals struggle with the effects of an untreated brain injury, their personal relationships may also suffer. They might find themselves unable to participate in social activities or maintain relationships as they did before, leading to isolation and strained family dynamics.
• Permanent Disability: In severe cases, the consequences of a misdiagnosed brain injury can lead to permanent disabilities. These might include cognitive impairments, difficulty in motor function, and changes in personality, all of which could drastically alter a person’s lifestyle and needs.

What to Do if Your Injury Was Overlooked

If your brain injury was overlooked or misdiagnosed, it’s important to take action to protect your health and your rights. The first step is to seek a second opinion from a qualified medical professional, ideally someone who specializes in traumatic brain injuries (TBIs).

Many brain injuries don’t show up on standard tests, so a specialist may use advanced imaging techniques or conduct neuropsychological evaluations to get a more accurate picture of your condition.

As you seek further medical care, start documenting everything. Keep a detailed record of your symptoms, how they’ve progressed over time, and any limitations they’ve caused in your daily life.

Include notes from all your medical appointments, test results, and communications with healthcare providers. These records can provide critical evidence if you decide to pursue legal action.

Finally, contact our brain injury lawyer in Atlanta. Our experienced attorneys can evaluate whether medical negligence might have played a role in the misdiagnosis or oversight of your injury.

We can guide you through the complexities of medical malpractice brain injury claims, helping to secure compensation for medical bills, lost wages, and other damages resulting from the misdiagnosis.

How an Attorney Can Help

Here’s how an attorney can help:

Investigating Medical Negligence

Misdiagnosed brain injuries often happen because of preventable mistakes. A brain injury misdiagnosis lawyer can thoroughly investigate your case to determine whether your healthcare provider acted negligently. This means diving into medical records, consulting with experts, and identifying where your care fell short.

Building Your Case with Experts

Brain injuries are complex, and proving the full impact of a misdiagnosis requires input from medical professionals. An attorney will work with neurologists, neuropsychologists, and other experts to establish the extent of your injury, how it was overlooked, and what could have been done differently.

Fighting for Fair Compensation

A brain injury can bring mounting medical bills, lost income from missed work, and ongoing expenses for rehabilitation or therapy — not to mention the emotional toll it takes on you and your family.

A lawyer will work to get you compensation for all of these damages, including pain and suffering, so you can focus on recovery instead of financial stress.

Holding Negligent Parties Accountable

Medical professionals have a duty to provide competent care, and when they fail, they should be held accountable. Taking legal action not only helps you seek justice but also sends a message that this kind of negligence isn’t acceptable.

Navigating the Legal Process

Medical malpractice cases can be complex and time-sensitive. From filing the initial claim to negotiating with insurance companies and potentially going to trial, there’s a lot to manage.

An experienced attorney will handle every aspect of your case, so you can focus on healing while they focus on getting you the justice you deserve.

Contact Our Brain Injury Lawyers Today

It’s essential not to underestimate the impact a brain injury can have on your life. From the initial confusion and misdiagnosis to the potential for permanent damage, the consequences are too significant to overlook. If your symptoms have been dismissed or improperly treated, know that you have options and rights.

At The Stoddard Firm, we represent brain injury victims. Our team understands the nuances of such cases and the impact they can have on individuals and their families. Our brain injury misdiagnosis lawyer in Atlanta can offer the expertise and empathy needed to navigate these complex situations.

If you suspect that your brain injury was mishandled, contact The Stoddard Firm at 470-467-2200 for a free case consultation.