My brother suffered a brain injury following lumbar surgery, but some local attorneys said he doesn’t seem damaged enough for a medical malpractice lawsuit. What can I do?


Painter Law Firm's frequently asked question (FAQ) series

November 29, 2018

I’ve had countless calls from patients and family members who’ve gone off the deep end after attorneys have shooed them away, despite very real brain injuries.

In some brain injury cases, the injuries are obvious to anyone meeting the person. In other situations, they’re subtler. An experienced medical malpractice attorney knows how to get the evidence necessary to illustrate to the judge and jury the full extent of the harms and losses a brain injury patient has suffered.

Just this year, I successfully negotiated substantial settlements for two middle-aged brain injury patients who fit into that second category.

In one of those cases, a man had a stroke that went undiagnosed, but, on first glance, if you looked at or had a casual conversation with him, it wasn’t obvious that anything was wrong. It turned out, though, that he used to be athletic and worked successfully in the construction industry. The stroke left him with paralysis on the left side of his body, which meant that he could never participate in the sports hobbies that he enjoyed or returned to work.

Of course, my job in representing them was deciding how to illustrate his injuries at trial.

I started by hiring a physical medicine and rehabilitation physician to evaluate my client and write a life care plan (report), that detailed his future care needs. This doctor included in her report that my client would never be able to return to work.

I handed off that life care plan report to an economist who then calculated the millions of dollars of future care that my client would need, as well as the millions of dollars of lost income because he won’t be able to go back to work.

The final step was to hire a documentary videographer to produce a video about our client that contrasted what his life was like before the medical negligence with what it’s like today. It was heart wrenching to watch the video of how active this man was with his family and kids before his injuries, while knowing that now he can only get around with a wheelchair or a cane.

We are here to help

Click here to send us a confidential email via our “Contact Us” form or call us at 281-580-8800, for a free initial consultation.


Robert Painter is an award-winning medical malpractice attorney at Painter Law Firm PLLC, in Houston, Texas. He is a former hospital administrator who represents patients and family members in medical negligence and wrongful death lawsuits all over Texas.

Robert Painter

Robert Painter is a medical malpractice lawyer at Painter Law Firm PLLC.


Is misdiagnosis medical malpractice in Texas?

Painter Law Firm's frequently asked question (FAQ) series [...]

read more

Texas court shoots down patient's argument that physician fraudulent concealment should extend statute of limitations

Fort Worth Court of Appeals opinion shows why it's wise to hire a medical malpractice attorney quickly [...]

read more


Discuss your case with an attorney.

Copyright ©2019 Painter Law Firm. All rights reserved.