Brain Injury News: Ohio State Football Player Found Dead After Head Injuries

The human brainThere was tragic head injury-related news out of Ohio this weekend.

Yesterday, two individuals sifting through a dumpster in Columbus, Ohio found the body of Ohio State football player Kosta Karageorge, who had apparently committed suicide.

Karageorge had been missing since Wednesday.  Earlier that day, he sent an ominous text message to his mother that his concussions have his head messed up, he left his apartment, and he had not been seen since then until his body was discovered.

I hope that Karageorge’s death is not in vain, but that he serves as a reminder of the importance of getting good mental health care following head injuries.  I often see people who have head injuries get a double dose of the mental anguish problem.

First, people with head injuries experience the confusion and mental health problems that result from the actual injury itself.  These symptoms can be severe and debilitating.

But head injuries are also an invisible problem.  With a broken arm or leg, friends and family members can see the injuries and can understand when you are hurt.  But head injuries aren’t like that.  Often, in addition to going through the stress and emotional consequences of the injury, injured persons also suffer additional emotional trauma from their friends and family members not really understanding that they’re hurt or the extent of their injuries.  This can only compound the problem.

If you or a loved one has sustained a brain injury, learn from this tragedy, and get the therapy or other assistance that you need.

 

 

People Continue To Text And Drive

text messaging while drivingA new texting while driving survey done by AT&T found that 98 percent of motorists who text regularly know the dangers of texting while driving, but 75 percent of them admit texting while driving anyway.

That’s not surprising, in our practice, we regularly see people who are seriously injured because of people texting while driving.

The good news is that we’re finally seeing some things done about it.  The study results were released as part of an effort by AT&T to publicize a new phone app for AT&T customers that silences text message alerts and activates automatically when a person is moving 15 miles per hour or faster.    The DriveMode app will be coming to iPhones shortly and will soon be available to other carriers.

 

 

Concussions — IMPACT Testing For Kids

My son sustained a concussion last spring while playing baseball.  During that process, my son took a test called an IMPACT test to help diagnose the concussion and to help figure out when he had recovered sufficiently to return to normal activities. But our problem was that we didn’t have a baseline.  The IMPACT test works best if the kids have taken a pre-injury test (required by many school athletics departments) to be compared to the post-injury tests.  Since the pre-injury test only costs around $20, I’ve become a big proponent of encouraging kids to take the tests.

Recently, local news station KXAN ran a good story about the tests.  If you have kids, especially those participating in sports, I urge you to watch the story and to have the kids take the test.  You can watch the story below.

 

In Texas, No Justice For The Injured

The folks at Texas Watch have put together this great story on Texas’s medical malpractice reform.

What Are Symptoms Of A Concussion Or Brain Injury?

I often tell clients that they need to be on the lookout for brain injuries.   For some head injuries, the problems are obvious.  But in many cases, the problems are much more subtle.  As a result, many concussions or brain injuries go undiagnosed because a doctor doesn’t know you well and doesn’t see the symptoms.  Because of this, it’s important for you or your spouse or other family members to look for symptoms so you can convey that information to doctors.

Working on a case, I stumbled across this symptom chart from the Centers for Disease Controls that will help you identify potential brain injuries.  Hopefully, this will help you recognize problems so you can get the treatment and care you need.

Symptoms of concussion

Motor Vehicle Accidents: Do I have to provide a release of medical information to the insurance company?

We recently received an inquiry asking, “Do I have to provide a release of medical information to the insurance company?”

Generally, the answer is “no,” but for a more detailed answer, I need to know the type of case.

If you’re making a claim directly against the driver who caused the wreck, the answer is clearly “no.”  In that situation, we would almost never advise our clients to sign a blank release giving the insurance company full access to all of your medical records.  Instead, we’ll gather all of your medical records related to your wreck and forward them to the insurance company.

Now, once a lawsuit is filed, the insurance company will typically subpoena records from medical providers who you saw as a result of the wreck.  Additionally, if you have a history of a condition related to your injuries from the wreck, the insurance company might try and get your records from before the wreck.  But even in those situations, we’ll try and insist on a reasonable limit on what they obtain.

If you’re making a claim against your uninsured or underinsured motorist carrier or with your personal injury protection carrier, then you have a contractual duty to cooperate with the company.  If you don’t, you could be risking your benefits.  But even in those situations, when the insurance company asks for a release, we’ll try and work with them to provide a limited release.  For example, we might limit the release to those doctors who provided treatment from the wreck.  And if the insurance company wants past medical records, we might limit them to five years before the wreck.  The insurance companies will typically work with us to find some reasonable limits.

Again, there may be situations where you have a long-standing condition that makes things a little different, but for those most part, this is how we try and deal with requests for a medical release.

Head Injuries and Concussions — From Players’ Perspective

If you know me, you know I’m a huge University of Texas sports fan.  Because of that, I’m a huge fan of the Longhorn Network.  Usually, the stories just relate to my sports passion, but in light of David Ash’s retirement from football due to his repeated concussions, the LHN ran a great piece that talked with three former UT players about their battles with concussions.

Watching it, one thing that stood out to me was something that we see in our practice (and which the science backs up), and that is, once you have had a concussion (or multiple concussions), it takes a smaller impact to re-injure the brain.  Additionally, with a history of concussions, the symptoms appear to get worse.

If you have any interest in head injuries, concussions or sports, I highly recommend the story below.

Leading Causes of Traumatic Brain Injury

TBIStats_Causes

 

 

 

 

 

 

 

 

We represent a number of clients who have brain injuries, and I received this infographic the other day describing the causes of traumatic brain injuries.  I thought it was brilliant, and I wanted to share it here.

 

Austin Bans Use of Hand-Held Cell Phones While Driving

Yesterday, the Austin City Council adopted a ban on drivers using hand held electronic devices, including cell phones.  The ban, to go into effect on January 1, 2015, doe contain exceptions for hands-free devices and for 911 or other emergency calls.  You can read more about the ban in this article by KXAN.

I have some mixed feelings about this.  On the one hand, I see these problems daily, and I preach about the dangers of distracted driving, including the curse of texting while driving, and, overall, I’m in favor of the ban.  On the other hand, I’m a bit concerned that this might be overreaching.  Talking on cell phones has become accepted, and it’s hard to legislate away such accepted conduct.

I hope the biggest effect of the ban is that we don’t have to see so many people texting while driving.  Police officers think the overall ban will make it easier to enforce existing texting while driving bans, and I certainly think that’s a good idea.

Can I Sue A Day Care For Neglect?

Yes.  Texas law allows parents to sue a day care for neglect of a child.

Unfortunately, many kids suffer injuries while they are entrusted to care workers at day care.  These injuries can occur from neglect, abuse or improper supervision of the children.  Your rights and remedies often depend on the exact facts of your case.

Fortunately for those required to make claims, Texas law requires most day care operators to carry liability insurance that pays at least $300,000 per occurrence.  However, there are some broad exceptions, including exceptions when a day care operator can’t purchase insurance for financial reasons or when the day care can’t find a company to underwrite its coverage.  If you’re looking around at day cares, make sure to ask whether the day cares you are considering have insurance coverage.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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