Visitor Question

Jaw surgery leads to brain damage?

Submitted By: Jody (Houma, LA)

My daughter-in-law had surgery to replace her jaw on the left side with part of her right leg bone. She had the surgery which lasted 15 hours straight. She was then put in the ICU for 3 days. On the fourth day she was put in a regular room. No oxygen was given, just a drain coming from her neck and one from her leg. On the 5th day they took the drains out.

The next thing we knew, she had a blood clot in her throat smothering her. She went into cardiac arrest and died. They had to shock her back, and she did come back to us thank GOD.

After 2 weeks of being back in intensive care they were telling us that she wasn’t coming around because of all the anesthesia she had for so long.

We could see that she was not right. She couldn’t talk, move or anything. She looked like she was looking through us. Now it’s almost 4 weeks later, they have put a feeding tube into her stomach, and they inserted a tracheostomy tube when she was smothering. They have moved her to the rehab dept of the hospital. The tech told my son she has brain damage from no oxygen getting to her brain.

She went in for jaw surgery, and now is like a vegetable from brain damage… Do you think we have a case for malpractice? This situation is very sad.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Jody,

From the facts you present you appear to have a very strong medical malpractice claim. Make sure you get the tech’s name and contact information. He or she can be a very strong witness in your daughter’s claim.

Next, gather copies of all of your daughter’s medical records, including x-rays, results of diagnostic tests, medical bills, and receipts for out of pocket expenses relocated to your daughter hospitalization (hospital parking fees, costs of gasoline driving back and forth to the hospital, etc.).

Only attorneys with substantial medical malpractice backgrounds are capable of handling such an important case. If you aren’t aware of any malpractice attorneys, you can check around. You may have dealt with a divorce or criminal lawyer. Possibly an estate lawyer. One of those can probably refer you to a capable med mal attorney. If not, ask friends or other family members if they’ve had a good experience with a malpractice attorney.

Fortunately, most attorneys do not charge for initial office consultations. Make several appointments and bring along your daughter’s medical records, bills, etc.

Time is of the essence. The longer you wait, the more chance there is of evidence disappearing, witnesses leaving, and more. Put your daughter’s case in the hands of a capable attorney. That will afford you time to concentrate on your daughter’s treatment and recovery.

Learn more here: Lawsuits for Hospital Malpractice

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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