New Study Explains Why Rest Is Key Following A Brain Injury

brainWhen my son suffered a concussion two years ago, his doctor told him the key was rest.  For this then 11 year old, that meant laying down, with no reading, no television, and no video games.  Just rest.

Rest has long been thought to help following a brain injury, but recently, a new study came out explaining why that was the right advice.

The study, which examined trauma in the brains of mice, found that when there is single, mild incident, the mice lose 10-15 percent of their neuronal connections in the brain, but there was no accompanying cell death.  When the mice rested for three days, almost all of the connections came back, healing the brain.

However, the study found that without rest, when additional events occur, the neuronal connections don’t heal and can become permanent.  Thus, the prescribed rest is critical to offer the brain an opportunity for any mild injuries to heal.

One issue with the study is that it is only based on very mild injuries.  In more severe cases, a one-time incident can cause cell death and have long-term consequences even if the victim tries to take the rest needed or prescribed.

If you or a loved one has suffered a brain injury as a result the conduct of someone else, please call us at (512)476-4944 so we can help you.

 

 

 

“Independent” Medical Exams Going Rogue

A constant problem that we face in cases are doctors who perform “independent” medical exams.  In many cases, insurance companies hire doctors to review our clients’ medical records or to have a one-time exam of our clients and then write a report on how bad our clients are hurt and/or whether our clients’ injuries are related to the wreck or other event that is the basis of the lawsuit.

Oftentimes, these doctors make hundreds of thousands of dollars per year doing these exams.  It’s no surprise then when the reports always come back supporting whatever the insurance company or the insurance company lawyer wanted the report to say.

I’ve written about this problem before, including:

Now, I’ve been alerted to a disturbing blog post by a Michigan personal injury lawyer, Steven Gurstein, describing his experience with an “independent” medical exam.  In the post, entitled “Sticks and Stone and….attorney disbarment. Will the First Amendment lose out when IME doctor files grievance to conceal her testimony in injury cases from the public”, Mr. Gurstein outlines his issues with Dr. Rosalind Griffin, who performed an exam on one of his clients.

I can find a number of posts about abusive medical exams on lawyers’ blogs, but Mr. Gurstein’s stands out for a couple of reasons.

Mr. Gurstein had his client’s exam video-taped, and he went to great lengths to explain in his blog post many of the alleged inconsistencies between what happened in the exam and what the doctor reported.  It’s fascinating to read and is a good primer on the types of problems that you can see in these exams.  I would recommend it for anyone interested in the issue or anyone who might be undergoing an exam.

Dr. Rosalind Griffin was apparently upset with Mr. Gurstein, and Dr. Griffin reportedly filed a grievance against Mr. Gurstein.  That is shocking.  I don’t know the intricacies of Michigan ethics law, and I don’t even know the substance of any allegation (I didn’t read the complaint that Mr. Gurstein linked), but if that happened here in Texas, given what is reported, I would think it was a clear abuse of the process.  It’s the type of thing that I would expect to be summarily dismissed by the bar here.

Even more shocking is that Dr. Rosalind Griffin is apparently on the Attorney Discipline Board that might hear Mr. Gurstein’s case.  How does that happen?  In Texas, we do allow non-lawyers to serve on our grievance hearings, but I can’t imagine that anyone who is as intimately involved in the litigation process as Dr. Rosalind Griffin seems to be, should be on the committee.

I don’t know what will happen to Mr. Gurstein, but if what he’s reporting is truthful, it seems like this is the type of information that we want the public to see, and not something that should be hidden.

What Is A Life Care Planner?

Many of our more serious cases require a life care planner.

A life care planner is an expert witness, usually a doctor or nurse or combination of the two, who sets out the likely care that you’ll need for the rest of your life.  It can include things such as surgeries, physical therapy, follow up doctor care, and accommodations (walkers, shower stools, etc as applicable) that you will need.

The life care planner then estimates the costs of this care throughout your life.

Life care planners are very useful because they can give you a holistic view of your injuries and prognosis that covers a number of different disciplines.  In the non-litigation world, these experts are often seen as case managers — coordinating your care among the different types of doctors that you have to see.

The downside of life care planners is that, like other experts, they can be extremely expensive.  Before hiring one, we’ll have to make a decision about whether the expense can be justified.

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.

 

VA Misses Mark In Brain Injury Research

Over the years, I’ve had the pleasure of helping a number of clients who have suffered from brain injuries.  And as I’ve written before, I hoped that one small benefit of the wars in Iraq and Afghanistan was that the Veterans Administration and others would use the opportunity to conduct meaningful research on brain injuries that could help both our military and the rest of society.

Unfortunately, I might have had my hopes too high.  Over the weekend, the Austin American Statesman ran a wonderful project by Jeremy Schwartz that outlined many of the problems facing researchers who tried to launch an expensive brain injury research program in Waco.

If you’re interested at all in brain injuries and brain injury research, I urge you to spend some time with the resources at the project.

Even if you’re not particularly interested in brain injuries, I think the project is still a good example of what journalism could be.  In addition to his written articles, which also appeared in the paper, the project includes video stories and links to the actual documents used to substantiate the article.  It is extremely well done.

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.

Be Aware In Crosswalks

Pedestrian sign 2I was really ticked off yesterday.

As I was driving home, I was approaching a crosswalk.  Normally, there isn’t anyone at the crosswalk, but yesterday someone was there waiting to cross (actually, one of my daughter’s dance teammates crossing to go to her dance studio).

I stopped so that she could cross the street, and no less than eight vehicles went around me on the right, driving in the bike lane,  before the person behind me also stopped, allowing the pedestrian to cross the street.

This follows an incident this weekend when I was stopped to make a left hand turn, waiting for a pedestrian to cross the street (while the pedestrian had a white “walk” signal no less), and the people behind me thought they would be cute and turn left behind me, coming within a foot of hitting the pedestrian.

Not only is this type of driving inconsiderate and dangerous, in Texas, it’s illegal.

Section 552.003 of the Texas Transportation Code requires drivers to yield the right of way to pedestrians who are crossing in a crosswalk when there’s no traffic signal in place.

As drivers, you need to know the law and yield to pedestrians.  That’s especially true as school is back in session and young kids are now using crosswalks to get to/from school or to/from their bus stops.    I just see too many cases where pedestrians suffer serious injuries because drivers don’t have the simple courtesy to follow the law.

Unfortunately, I don’t see this law enforced very often.  I hope APD or someone else do what they need to do to minimize the risks for these situations.

 

Perlmutter & Schuelke, PLLC 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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