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

• January 29, 2025
• Attorney David Mann
• Personal Injury

Imagine you were in a terrible car accident and were subsequently diagnosed with a specific brain injury.  You made the necessary life and financial adjustments required by that diagnosis, but later found out that your brain injury was misdiagnosed by the doctors who are supposed to be experts in their field.

A traumatic brain injury (TBI) misdiagnosis may give you cause to file a malpractice suit against the hospital, doctor, and other entities.  This blog post will discuss a brain injury misdiagnosis and what to do if your injury was overlooked.

Why Brain Injuries Are Often Misdiagnosed

There are many reasons why TBIs are misdiagnosed.  In particular, mild TBIs are frequently misdiagnosed because obvious signs of a brain injury are not present.  Other reasons why TBIs are misdiagnosed are:

• Challenges in Diagnosing a TBI – In some cases, there may be a lack of obvious signs of a TBI.  In other cases, symptoms of a TBI may look similar to other medical issues.  Other issues that may arise are inadequate use of testing equipment like CT scans.  Last, many symptoms of TBI do not present themselves until weeks or months after an initial diagnosis.
• Medical and Cognitive Factors – It is also possible that medical and cognitive factors come into play with a misdiagnosis.  The brain is the most complex organ in the human body and certain TBI symptoms in one person may be different in another.  Also, doctors may overlook less obvious symptoms of a brain injury diagnosis.

Even though brain injuries are complex, that does not mean health professionals should not be held liable for injuries that occurred from a misdiagnosis.

Signs and Symptoms of a Missed Brain Injury

If you have been in an accident and suspect you may have a TBI, there are some common signs and symptoms that medical professionals may have overlooked.  These include:

• Physical Symptoms – A headache is a common symptom of a TBI and could easily be mistaken for neck strain or whiplash.  Other physical symptoms that could be misdiagnosed are dizziness, balance issues, nausea or vomiting, and sensitivity to light.
• Cognitive Symptoms – Confusion or disorientation could be signs of a TBI that may be misdiagnosed.  Other cognitive symptoms that may be missed are changes in behavior, irritability, or mood swings.
• Emotional Symptoms – Emotional and psychological issues can also be a sign of a misdiagnosed brain injury.  People involved in an accident may feel anxious or depressed, or have other personality changes like emotional outbursts and feelings of frustration; these could be a sign of a TBI.

As mentioned above, some symptoms of TBI may be misdiagnosed because symptoms could evolve over time and may be more difficult to diagnose directly after an accident.  Also, psychological issues stemming from a TBI may be attributed to other mental health conditions rather than a TBI.

Steps to Take If You Suspect a Misdiagnosis

You should not be shy if you think you have a TBI and have been misdiagnosed after an accident.  In cases of a misdiagnosis, there are many avenues to pursue:

• Seek a Second Opinion – Second opinions can be helpful if you think you have been misdiagnosed.  You can get an appointment with a specialist and get additional diagnostic procedures like MRIs, CT scans, and neuropsychological  testing.
• Document Symptoms and Medical Records – We always recommend keeping a daily journal of your symptoms after you are in an accident. Many symptoms do not occur until days or weeks after an accident.  Keeping a detailed record of your symptoms, as well as a second set of your medical records, goes a long way toward obtaining a proper diagnosis.
• Legal Action – A TBI misdiagnosis can lead to further complications and pain and suffering.  You may have a rightful claim to a personal injury lawsuit and should speak to a TBI misdiagnosis attorney as soon as possible.

Consequences of a Brain Injury Misdiagnosis

A misdiagnosis of a brain injury can have severe consequences.  Besides the obvious risks to the person’s health, there are other consequences that should be noted.  Common consequences include:

• Health Risks – A TBI misdiagnosis can lead to the worsening of the injury because it was not caught right away or the wrong treatment was used.  A misdiagnosis can lead to long-term physical, cognitive, and emotional impairments.
• Delayed Treatment – Brain injuries are very serious and need to be treated right away.  Any delay in treatment can lead to a longer recovery time and can also have the potential for irreversible damage if a TBI is left untreated.
• Financial Impact – A misdiagnosis of a TBI can also lead to higher medical bills and more time off from work.  Also, there may be long-term costs of rehabilitation that may not be covered under insurance.

How a Brain Injury Lawyer Can Help

If you think you have a TBI and were previously misdiagnosed, a brain injury lawyer can help you file a claim.  A personal injury lawyer can:

• Look over your medical records and counsel you on whether or not you have a valid claim
• Interview all medical professionals from your case to locate inconsistencies
• Hire expert witnesses to provide testimony on your missed TBI diagnosis
• Negotiate with insurance companies and their lawyers to come to a financial settlement for your injuries
• File a claim in court if a settlement cannot be reached
• Try your case in front of a jury of your peers.

Brain injuries can be very complex, and symptoms can vary from individual to individual.  But that doesn’t mean that doctors and hospitals should not be held liable for a misdiagnosis of your injury.  We hope this blog post has helped you understand brain injury misdiagnosis and what to do if your injury was overlooked.

The Mann Law Firm has been helping clients with their personal injury claims for over 30 years.  If you think you have been misdiagnosed, give us a call at (478) 742-3381 for a free initial consultation.