GET HELP
NOW

Is Brain Surgery Considered a Traumatic Brain Injury? Legal and Medical Insights

Last Updated: June 15th, 2025

Published on

June 6, 2025

FREE CONSULTATION

Fill out the form below and one of our team members will contact you to help get started.

Blog Short Form Fill

Traumatic brain injuries (TBIs) are among the most serious and life-altering injuries a person can suffer. Each year, an estimated 1.5 million Americans sustain a TBI, and about 230,000 people are hospitalized due to the severity of their injuries (Brain Injury Association of America). For many victims, surgery is part of the road to recovery, but when does a surgical procedure itself become part of the trauma, or even complicate a personal injury claim?

At State Law Firm, our team of driven young attorneys understands that the medical and legal questions surrounding brain injuries and surgical treatment can feel overwhelming. Whether you were injured in a car crash, a slip and fall, or another accident, knowing when brain surgery is considered part of a traumatic brain injury can directly impact your rights and the compensation you deserve.

In this guide, we’ll break down what qualifies as a TBI, how brain surgery fits into treatment and recovery, and what this means for your legal case. For more background on how car accidents can lead to severe brain injuries, visit our Sherman Oaks car accident lawyer page. And if you want to learn more about what life can look like after a TBI, don’t miss our resource on the long-term effects of traumatic brain injuries.

If you or a loved one is facing questions about brain injuries and surgery, you don’t have to navigate it alone — let’s dive in.

Understanding Traumatic Brain Injury (TBI)

A traumatic brain injury (TBI) happens when a sudden external force, like a blow, jolt, or penetration, disrupts normal brain function. TBIs range from mild concussions to severe injuries that result in long-term impairment or permanent disability.

Common causes include:

  • Car accidents
  • Falls, especially among older adults
  • Sports-related impacts
  • Assaults or physical violence

Types of TBI can include:

  • Concussion — mild, often temporary brain dysfunction
  • Contusion — bruising of brain tissue
  • Penetrating injury — when an object pierces the skull
  • Diffuse axonal injury — widespread damage to brain cells

Typical symptoms vary but can include headache, confusion, dizziness, memory loss, or changes in behavior and mood. It’s crucial to seek medical care immediately after any head injury — even mild cases can have lasting effects if untreated. For an in-depth look at how TBIs can affect life long-term, see our resource on the long-term effects of traumatic brain injuries.

The Role of Brain Surgery in Treating Traumatic Brain Injuries

When a TBI is severe, surgery may be necessary to save a patient’s life or prevent further damage. Neurosurgeons perform various procedures depending on the nature and extent of the injury:

  • Craniotomy — temporarily removing part of the skull to relieve pressure
  • Hematoma removal — draining pooled blood that’s putting pressure on the brain
  • Repairing skull fractures or removing damaged tissue

Outcomes vary based on the patient’s overall health, the speed of treatment, and the type of injury. While surgery can be lifesaving, it may also introduce complications such as infection, further swelling, or additional trauma to brain tissue.

Pro Tip: If you or your loved one undergoes surgery after a TBI, keep thorough records of all procedures and follow-up care — these details can be vital if you ever need to pursue a personal injury claim.

Legal Perspectives: When is Brain Surgery Considered a Traumatic Injury?

Legally, a TBI is defined as brain dysfunction caused by an external force. Surgery alone is not classified as a TBI; rather, it is a treatment for a TBI. However, complications from surgery can become part of your personal injury claim if they worsen your condition.

Examples include:

  • A car accident causes a brain bleed, requiring emergency surgery — the surgery is part of treating the TBI.
  • Surgical errors or negligence during brain surgery could lead to additional brain damage — this may become grounds for a medical malpractice claim.

Liability can get complex, which is why having a legal team that understands both the medical and legal nuances is critical. If your brain injury resulted from an accident, our Sherman Oaks car accident lawyers can help you pursue the compensation you deserve.

The Medical Community’s View on Surgical Intervention as a Cause or Treatment of TBI

Most doctors agree: brain surgery itself is not a cause of TBI — it is a response to damage caused by trauma. However, complications can mimic or worsen traumatic effects.

Potential post-surgery complications include:

  • Swelling or edema
  • Secondary infections
  • Seizures
  • Cognitive or motor function setbacks

Proper follow-up care and rehab are essential to manage these risks and promote recovery. Staying informed about your medical plan and having legal advocates on your side can help you focus on healing while we handle the legal details.

Navigating Insurance Claims Related to TBIs and Surgical Procedures

Brain injuries and related surgeries often come with high medical costs and complex insurance claims. Many victims face denied claims, disputes over whether the surgery was necessary, or surprise medical bills.

To strengthen your insurance claim:

  • Collect all medical reports and surgical records
  • Keep receipts for any related expenses.
  • Follow your doctor’s treatment plan precisely.y
  • Consult with an experienced attorney as soon as possible.

Insurance companies may downplay the severity of your injury or the necessity of surgery. At State Law Firm, we help clients challenge unfair denials and secure the compensation they need for medical care, lost wages, and long-term support.

Final Thoughts

Brain injuries and surgical treatments change lives in an instant. Whether you’re recovering from a car accident or navigating unexpected surgery complications, our dedicated team is here to help you understand your rights and fight for the best outcome possible.

For straightforward guidance on your case, explore our site or reach out today — you do not have to face this journey alone.

Stay Informed. Protect Your Rights.

Join our newsletter!

Join our newsletter for expert legal tips, case updates, and important legal changes—straight to your inbox.

Mailchimp Form

Free Consultation

Fill out the form below, and our team will reach out to you within 24 business hours.
Short Form Fill