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Excerpt: Hydrocephalus — a buildup of cerebrospinal fluid (CSF) in the brain — can cause severe brain damage or death when misdiagnosed or improperly managed. Whether from a shunt malfunction, failure to recognize increased intracranial pressure, or surgical error, hydrocephalus malpractice can devastate families. This guide explains the medical and legal aspects of hydrocephalus claims in New York.
[Image: Brain illustration showing hydrocephalus and CSF buildup with shunt placement]
Understanding Hydrocephalus and Medical Malpractice
Hydrocephalus is a condition in which cerebrospinal fluid (CSF) accumulates in the ventricles (fluid-filled spaces) of the brain. This buildup increases pressure inside the skull (intracranial pressure), which can compress and damage brain tissue. When hydrocephalus is not promptly diagnosed and treated — or when treatment errors cause harm — patients may suffer permanent brain injury or death.
A hydrocephalus malpractice lawyer NY helps families pursue compensation when medical negligence causes or worsens hydrocephalus. Common scenarios include:
- Failure to recognize signs of increased intracranial pressure
- Delayed diagnosis of hydrocephalus after head trauma or surgery
- Shunt malfunction or surgical errors
- Failure to monitor patients with known hydrocephalus
- Medication errors affecting CSF production
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Types of Hydrocephalus
Communicating Hydrocephalus
CSF flows freely between ventricles but is not properly absorbed. Causes include bleeding (subarachnoid hemorrhage), infection (meningitis), and trauma.
Non-Communicating (Obstructive) Hydrocephalus
A blockage prevents CSF from flowing between ventricles. Causes include tumors, cysts, and congenital malformations.
Normal Pressure Hydrocephalus (NPH)
A form of communicating hydrocephalus seen in older adults. Symptoms include gait disturbance, urinary incontinence, and dementia. NPH is often misdiagnosed as Alzheimer's disease or Parkinson's disease — a common basis for malpractice claims.
Post-Traumatic Hydrocephalus
Hydrocephalus that develops after a traumatic brain injury. The standard of care requires monitoring TBI patients for signs of hydrocephalus.
Post-Hemorrhagic Hydrocephalus
Hydrocephalus that develops after bleeding in the brain (such as from a ruptured aneurysm or intraventricular hemorrhage). Common in premature infants.
Common Hydrocephalus Malpractice Scenarios
Failure to Diagnose Hydrocephalus
The standard of care requires healthcare providers to recognize the signs of increased intracranial pressure:
- Severe headaches (worse in the morning or when lying down)
- Nausea and vomiting
- Vision changes (blurred vision, double vision)
- Lethargy or decreased consciousness
- Balance problems
- Cognitive changes
- In infants: rapidly increasing head circumference, bulging fontanelle, "sunset eyes"
Failure to order a CT or MRI scan when these symptoms are present — and failure to act on abnormal results — is a deviation from the standard of care.
Shunt Malfunction
Hydrocephalus is typically treated with a ventriculoperitoneal (VP) shunt — a tube that drains excess CSF from the brain to the abdomen. Shunts can malfunction due to:
- Blockage or obstruction
- Disconnection or breakage
- Infection
- Over-drainage
The standard of care requires prompt evaluation of any patient with a shunt who presents with symptoms of increased intracranial pressure. Failure to recognize and treat a shunt malfunction can cause severe brain damage or death.
Surgical Errors During Shunt Placement
Errors during shunt placement surgery can cause:
- Improper catheter placement (damaging brain tissue)
- Bleeding (intracranial hemorrhage)
- Infection
- Shunt failure requiring revision surgery
Misdiagnosis of Normal Pressure Hydrocephalus
NPH is treatable with shunt placement, but it is often misdiagnosed as Alzheimer's disease or Parkinson's disease — conditions that are not treatable with shunting. Failure to properly evaluate a patient for NPH (using imaging, lumbar tap test, or continuous CSF drainage) can deprive the patient of a treatable condition.
Proving Hydrocephalus Malpractice in New York
Your attorney must establish:
- Duty — The provider owed a duty of care
- Breach — The provider deviated from the standard of care (failed to diagnose, delayed treatment, surgical error, shunt malfunction mismanagement)
- Causation — The breach caused or worsened the brain injury
- Damages — Measurable harm resulted
Key Evidence
- Medical records (emergency, surgical, ICU)
- Brain imaging (CT, MRI) showing hydrocephalus progression
- Shunt records (placement, revisions, malfunctions)
- Intracranial pressure monitoring data
- Expert testimony from a neurologist or neurosurgeon
Under CPLR § 3012-a, a certificate of merit is required.
Statute of Limitations
- Adult brain injury: 2.5 years from the date of negligence (CPLR § 214-a)
- Child's brain injury: Tolled until the child's 18th birthday, then 2.5 years (CPLR § 208)
- Municipal hospital (NYC H+H): 90-day notice of claim; 1 year and 90-day statute
- Wrongful death: 2 years from the date of death (EPTL § 5-4.1)
Frequently Asked Questions
Can I sue for hydrocephalus caused by medical negligence?
Yes. If a healthcare provider failed to diagnose hydrocephalus, mismanaged a shunt malfunction, or made a surgical error, you may have a malpractice claim.
What is a VP shunt?
A ventriculoperitoneal (VP) shunt is a tube that drains excess cerebrospinal fluid from the brain to the abdomen. Shunts can malfunction due to blockage, disconnection, infection, or over-drainage.
What happens if a shunt malfunctions?
A shunt malfunction causes CSF to build up in the brain, increasing intracranial pressure. Symptoms include headaches, nausea, vomiting, vision changes, and lethargy. Failure to promptly diagnose and treat a malfunction can cause brain damage or death.
Can normal pressure hydrocephalus be misdiagnosed?
Yes. NPH is often misdiagnosed as Alzheimer's disease or Parkinson's disease. Failure to properly evaluate for NPH can deprive the patient of a treatable condition — a basis for malpractice.
How long do I have to file a hydrocephalus malpractice claim?
For injuries to an adult, 2.5 years from the date of negligence. For injuries to a child, the statute is tolled until age 18. For municipal hospitals, a 90-day notice of claim is required.
Contact MDLaw Firm
If you or a loved one has been affected by hydrocephalus caused or worsened by medical negligence in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.
This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.
If you or a loved one suffered from a brain injury, contact our Brain Injury lawyers today for a free, confidential consultation. Call 347-524-5777 or request a case review online.