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Do you have the Right Brain Injury Lawyer?

Posted on February 18th, 2008 · Posted in Brain Injury

I first wrote the an essay on this topic in 1997, and my list has remained mostly unchanged since: I still think these questions which are listed below are good questions to start with. But of course, one could argue that those questions were self serving then, as I..
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Severe Versus Mild Prognosis

Posted on February 8th, 2008 · Posted in Brain Injury

I got this email exchange this week, about something I wrote more than a decade ago: Is this a typo? A so-called “mild” brain injury may result in substantial deficits which may affect a person’s life permanently, while a person who has suffered a “severe” brain injury may be..
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Venting at Emergency Room Doctors

Posted on February 5th, 2008 · Posted in Brain Injury

Is it really so unreasonable to expect someone who is working in an Emergency Room, to know a few simple things about concussion and amnesia. Here is what it says in the medical record I am reviewing now, a record from an emergency room, three days post accident: “This patient..
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No Justice without Documentation of Injury

Posted on February 5th, 2008 · Posted in Brain Injury

“It isn’t fair, I got hurt, what do you mean you don’t want my case?” I wish I could help everyone. I feel bad when I can’t. A million concussions a year in this country, conservatively 150,000 people disabled as a result. That would make me a very busy man...
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From a Former Client

Posted on February 3rd, 2008 · Posted in Brain Injury

Editor’s note: Cindy is an amazing person, whose life was terribly changed by a an accident she suffered. She was brilliant, and still is one of the most creative and interesting thinkers I know. Yet: I’ve been following this discussion regarding terminology and it has generated a lot of thoughts..
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Footprints of Pathology

Posted on January 30th, 2008 · Posted in Brain Injury

“No objective evidence of injury.” The defense argument that there is “no objective evidence of injury” is so predictable in every brain injury case, it is a tactic I try to attack from all angles. Imaging studies are not our only objective findings in medicine. We also accept the “footprint..
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How Doctors Don’t Think About Brain Damage

Posted on January 23rd, 2008 · Posted in Brain Injury

Every day, I encounter another example, either in the calls we get from our websites, or in the news media, or some where else, as to how Doctors don’t ever consider the potential for brain damage in the differential diagnosis. While it isn’t a real world example, this one is..
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Stroke/Accident Case

Posted on January 17th, 2008 · Posted in Brain Injury

I just got an interesting email from Jayne: Now doctors say a bystander can recognize a stroke by asking three simple questions:S * Ask the individual to SMILE.T * Ask the person to TALK and SPEAK A SIMPLE SENTENCE R * Ask him or her to RAISE BOTH ARMS. If..
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Brain Damage or Is it Mild Head Injury or what?

Posted on January 15th, 2008 · Posted in Brain Injury

I have dealt with the semantics of what to call someone who suffered brain damage after an accident or injury as long as I have been represented such individuals. When I first started, there was an organization called the NHIF, National Head Injury Foundation. Then it was deemed inaccurate, or..
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Lawyer: How to Interact with your Brain Damaged Client

Posted on January 9th, 2008 · Posted in Brain Injury

Editors Note: Two days ago, my paralegal Jayne wrote a Blog on how potential clients should interact with a law firm when they are trying to get them to take their case. I then asked a former client to write the counterpoint to Jayne’s Blog: how she thought a law..
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