COMMON ISSUES IN HANDLING
A MILD TRAUMATIC BRAIN INJURY CASE
Edward K. Le
Edward K. Le, PLLC
135 Park Ave N.
Renton, Wa 98056
425 336 2255
www.edwardkle.com
edward@edwardkle.com
HOW TO DETERMINE IF YOU HAVE A CLIENT
WITH A POTENTIAL TRAUMATIC BRAIN INJURY
LOOK AT PARAMEDIC NOTES
CONDUCT AN INVENTORY OF YOUR CLIENT’S SYMPTOMS
HAVE CLIENT FILL OUT A CHECKLIST
• HEADACHE
• DIZZINESS
• MEMORY IMPAIRMENT
• IMPAIRMENT OF ATTENTION
• SLOWLED MENTAL
PROCESSING
• MENTAL AND PHYSICAL
FATIGUABILITY
• LOWERED FRUSTRATION
TOLERANCE
• APATHY/POOR MOTIVATION
• DEPRESSION
• PROBLEMS IN ABSTRACT
REASONING
• IMPAIRED LEARNING
PROCESS
• CONFUSION OF MENTAL
STATE
• DISTURBANCE IN SLEEP
• NAUSEA
• DECREASED TOLERANCE FOR
STRESS
FIND OUT
WHETHER THERE
WAS AN IMPACT TO
THE HEAD
Note: Note: Lack of
Direct Head Impact
Does Not Rule Out
TBI
DETERMINE WHETHER THERE IS
LOSS OF CONSCIOUSNESS
Note: Negative LOC Does Not Rule Out TBI
FIND OUT FROM FAMILY AND FRIENDS
IF THEY NOTICED SYMPTOMS FROM CLIENT
HOW TO ASSIST YOUR CLIENT
EDUCATE CLIENTS ABOUT T.B.I TO HELP THEM
UNDERSTAND THEIR CONDITION BETTER
GUIDE THEM TO PROPER PHYSICIAN
AND MEDICAL TREATMENT FACILITY
HAVE CLIENT USE JOURNALS TO ACCURATELY REPORT
SYMPTOM DEVELOPMENTS TO DOCTORS
ARRANGE FOR A NEUROPSYCHOLOGICAL EVALUATION
ENLIST THE HELP OF FRIENDS AND FAMILY
TO DOCUMENT THE INJURY AND COGNITIVE DEFICITS
PSYCHOTHERAPY
PHYSICAL THERAPYSPEECH PATHOLOGY
REHABILITATION COUNSELING MEDICAL MONITORING
GUIDE CLIENTS TO THE APPROPRIATE REHABILIATATION
ANTICIPATE AND ADDRESS THE
COMMON DEFENSES
A Mild Traumatic
Brain Injury Causes
Little Impact on Life
IN A REPORT FROM THE CENTER
FOR DISEASE CONTROL TO THE
U.S. CONGRESS, MILD
TRAUMATIC BRAIN INJURY CAN
HAVE PROFOUND IMPACT AND
CAUSE LIFELONG DISABILITY
SPINE INJURY AND CHRONIC PAIN
DEPRESSION AND STRESS DISORDER
COGNITIVE DISORDER FROM BRAIN INJURY
BALANCE/EQULIBRIUM DISORDER
CLIENTS WITH POLYTRAUMA ARE MOST LIKELY TO
EXPERIENCE PROLONGED INJURIES
MILD TRAUMATIC BRAIN INJURY AFFECTS
EVERY FACET OF PERSON’S LIFE
Functionality
Ongoing Medical
Care Needs
Quality of Life
Earlier Nursing
Home Enrollment
Activities of
Dailiy Living
FACT
There Must Be
Impact to Head to
Cause Brain Injury
RAPID MOVEMENT OR ACCELERATION/
DECELERATION CAN DAMAGE BRAIN TISSUEFACT
RAPID ACCELERATION/ DECELERATION CAN CAUSE
BRAIN TISSUE TO DAMAGE THROUGH IMPACT
WITH HARD BONY INNER RIDGES OF SKULL
FACT
THIS IS KNOWN AS A COUP-CONTRECOUP INJURY
There Must Be “Loss of
Consciousness” to
Sustain A Traumatic
Brain Injury
Profound Brain Damage Can Occur Without Loss
of ConscioussnessFACT
Case of Phineas Gage [Standard Case Study in Medical School]: Struck By Long Metal
Rod into Brain During Explosion. He Never Lost Consciousness & Was Awake and Alert
When He Reached a Doctor Hours later
Center for Disease Control, World Health Organization,
and American Congress of Rehabilitation Medicine All
Define Brain Injury As “Any Alteration in Consciousness”
FACT
A Negative Brain
MRI or CT Scan
Rules Out a
Traumatic Brain
Injury
In Mild TBI, Most Damage to Brain is Microscopic
& Rarely Shows Up on MRI or CT ScanFACT
Normal Axons
Are Less Than 5
Microns – Less
Than Size
Threshold for
Detection by
MRI or CT
Diffuse Shearing of Billions of Axon Occurs
in Traumatic Brain InjuryFACT
Billions of Axons Can Be Damaged Without
Detection By MRI or CT Through ShearingFACT
CHILDREN WITH
BRAIN INJURY
RECOVER
BETTER THAN
ADULTS
According to Center for Disease Control , Children
May Require Longer Recovery Time After a TBIFACT
A Younger Brain Is More Vulnerable to Damage Because As
Undeveloped Portions Mature From Previously Damaged
Areas, Normal Development Is Hard to Predict.
FACT
Mild Traumatic
Brain Injury Victims
Recover Quickly
MILD BRAIN INJURY CAN HAVE PROFOUND
IMPACT OVER A LIFETIMEFACT
ACCORDING TO CENTER FOR DISEASE CONTROL, PEOPLE WITH MILD BRAIN INJURY
MAY EXPERIENCE ACCELERRATED COGNITIVE AND FUNCTIONAL DECLINE WITH AGE
BRAIN INJURY CAUSES PEOPLE TO DEVELOP
DEGENERATIVE NEUROLOGICAL DEFICTS AS THEY
AGE OVER TIME
FACT
Symptoms of
Traumatic Brain
Injury Will Be
Immediately
Evident
MOST PATIENTS ARE NOT SELF-AWARE OF
COGNITIVE DEFICTS UNTIL OTHERS TELL THEM
FACT
MOST PATIENTS ARE NOT SELF-AWARE UNTIL
ENOUGH TIME PASSES TO WHERE THEY
RECOGNIZE A PART OF THEM IS “MISSING”
FACT
PATIENTS WITH BRAIN INJURY USUALLY SUFFER
OTHER PHYSICAL AND BODILY PAIN THAT DIVERT
THEIR AWARENESS OF COGNITIVE PROBLEMS
FACT
YOU CAN
RECOGNIZE A
PERSON WITH A
TRAUMATIC
BRAIN INJURY
BRAIN DAMAGE IS INTERNAL AND SYMPTOMS
ARE NOT OBVIOUS TO ORDINARY PERSONS.FACT
MOST TRAUMATIC BRAIN INJURY VICTIMS
DISGUISE THEIR INJURY TO OTHERS FOR FEAR OF
BEING INTERPRETED “INADEQUATE” OR “CRAZY”
FACT
TRAUMATIC BRAIN INJURY IS KNOWN AS AN
INVISIBLE INJURY AND A SILENT EPIDEMICFACT
Any Medical Doctor
Can Detect a TBI.
Since the ER or Family
Doctor Did Not, There
Is No Brain Injury
ACCORDING TO THE A.M.A AND NUMEROUS
PUBLISHED RESEARCH, MOST DOCTORS ARE NOT
PROPERLY TRAIN TO DIAGNOSE A BRAIN INJURY
FACT
BEST PRACTICE FOR MOST PHYSICIANS IS TO
REFER PATIENT FOR NEUROPSYCHOLOGICAL
TESTING WHICH IS MORE EXTENSIVE
FACT
NEUROPSYCHOLOGICAL EXAMINATION IS MORE
DETAILED THAN A MEDICAL VISIT AND PROVIDES
OBJECTIVE EVIDENCE OF SPECIFIC COGNITIVE DEFICITS
FACT
NECESSARY STEPS TO BE A
BETTER ADVOCATE
FOR YOUR CLIENT
STUDY AND UNDERSTAND THE SCIENCE BY READING
THE RELEVANT LITERATURE REGARDING TBI
RESEARCH THE RELEVANT GOVERNMENT
AND SCIENTIFIC SITES
National Institute of Neurological Disorders and Stroke
http://www.ninds.nih.gov/disorders/tbi/tbi.htm
National Rehabilitation Information Center
http://www.naric.com/
National Institute of Health
https://vsearch.nlm.nih.gov
Center for Disease Control
http://www.cdc.gov/traumaticbraininjury/
Mayo Clinic
http://www.mayoclinic.org/diseases-conditions/traumatic-
brain-injury/
National Institute of Child Health and Human Development
https://www.nichd.nih.gov/health/topics/tbi/conditioninfo/
Pages/default.aspx
Brain Injury Resource Center
http://www.headinjury.com/
American Academy of Neurology
https://www.aan.com/Search/?q=traumatic+brain+injury
SPEND THE TIME TO MEET WITH
THEIR DOCTORS AND MEDICAL PROVIDERS
DEVELOP THE CASE EARLY
BEFORE YOU FILE THE LAWSUIT
Email: Edward@edwardkle.com
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LETS’ CONNECT

Common issues in handling a traumatic brain injury case