Ruling Out Other Causes of Brain Disorders

diagnosisWith mild Traumatic Brain Injury (mTBI) cases, it is necessary to rule out other non-trauma causes for the brain disorder/ disease. The reason is that in mild Traumatic Brain Injury (mTBI) cases, there is often no immediate physical signs of trauma such as loss of consciousness (LOC), hematomas, hemorrhages, bruising or cuts to the head. This is especially true in the sudden acceleration and deceleration/ coup contra coup mechanisms of injuries following motor vehicle accidents wherein the victim suffers a whiplash motion to the head and spine following a rear end or side impact collision. This can lead to white matter shearing/ Diffuse Axonal Injuries (DAI) that will likely never be detected during the initial presentation to the ER or other acute medical provider. 

In fact, symptoms of Post Traumatic Stress Disorder (PTSD), which can be caused without Traumatic Brain Injury (TBI), overlap symptoms of mild Traumatic Brain Injury (mTBI).

The defense often focuses on the lack of complaints of symptoms related to mild Traumatic Brain Injury (mTBI) during the initial presentations in order to convince the jury or those unfamiliar with mild Traumatic Brain Injury (mTBI) that the brain disorder(s) were not caused by trauma to the brain during the accident but from other non-traumatic causes or from pre-existing conditions.

Hence, the attorney handling a mild Traumatic Brain Injury (mTBI) case must have the experts rule out any other potential non-trauma and pre-existing cause(s). Failure to do so can be disastrous at trial.

Those lacking in experience with mild Traumatic Brain Injury (mTBI) cases will often rush to have neuro-psychological evaluations (NPE) done since neuro-psychological evaluations (NPE) have become the popular and most heard of test to determine cognitive deficits/ impairment. While a neuro-psychological evaluation (NPE) may determine mental impairments such as executive function and short term memory impairments, whether or not those impairments were caused by trauma cannot be determined by a neuro-psychological evaluation (NPE).

A full mild Traumatic Brain Injury (mTBI) investigation requires a multi-disciplinary approach from several areas of science in order to rule out other non-trauma and pre-existing causes and in essence definitively proving that the event caused mild Traumatic Brain Injury (mTBI) to the victim despite the lack of mild Traumatic Brain Injury (mTBI) symptoms reported initially.

NGUYEN LEFTT P.C. – Traumatic Brain Injury Attorneys / Lawyers
675 Third Avenue, 25th Floor, New York, NY 10017
tel: 212-256-1755   •   fax: 212-256-1756 

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