Mild Traumatic Brain Injury Attorneys

Why Haven’t My Doctors Diagnosed My Traumatic Brain Injury After an Accident, Even Though I Feel Like Something Just Isn’t Right With My Brain?

That’s a good question. There are several reasons why your doctor may have failed to tell you that you could be suffering with a mild traumatic brain injury after a car accident or slip and fall. And I hate to say it, but I do have to be honest, doctors very frequently neglect to timely diagnose mild traumatic brain injuries.

As a lawyer, I’ve probably diagnosed a mild traumatic brain injury (known in the profession as an mTBI or a concussion) in my clients more often than a lot of medical providers who actually see patients with these injuries.

Why Did My Doctor Fail to Diagnose the Brain Injury?

The most common reasons are pretty simple:

• The doctor specializes in an area of practice that does not involve the treatment of brain injuries, so they don’t make any money if they diagnose it.
• The doctor doesn’t ask you enough questions to find out if you actually have a mild traumatic brain injury. The doctor is focused on whatever areas of the body that they normally treat – for example, an orthopedist may be totally focused on the neck and back and joints, but not the brain. So, the doctor won’t ask the right questions necessary to assess your cognitive functioning. 
• The doctor doesn’t adequately understand the subtle symptoms of a mTBI. Many providers, including board-certified orthopedists and especially chiropractors, do not have sufficient experience treating concussions. And some medical providers have not been adequately trained to diagnose mild traumatic brain injury.

In my decades of experience representing clients suffering with mild traumatic brain injuries, chiropractors are the worst at recognizing the symptoms. They are focused entirely on the spine, not the brain, and they don’t make any money treating a mild traumatic brain injury. Most of the time, they simply don’t ask you any questions at all about your cognitive state. Believe it or not, even some orthopedic surgeons miss or even ignore the symptoms of a mTBI for similar reasons.

Over my 44 years of handling injury cases, I’ve probably recognized well over 100 clients who were suffering with a mild traumatic brain injury or concussion even before any medical provider recognized it.

How I Identify It

When I meet with a client, I’m never in a rush. I want to get to know them and learn about their injuries. If possible, I also like to have their spouse or significant other present, at least at the initial meeting, because they often recognize changes that the injured person doesn’t see.

I can’t tell you how many times I’ve heard a client’s spouse or girlfriend or boyfriend say things like:

• “He’s not the same person.”
• “She forgets things all the time.”
• “His temperament has completely changed.”

Those are classic red flags for a mTBI.

One of the key questions I ask is: “What’s the first thing you remember after the crash?” If the person says, “I remember the paramedic opening my car door,” or “someone was standing by my window,” then there’s a gap in their memory. That likely means that the person was unconscious for some period of time after the accident. A loss of consciousness is a strong indicator of a concussion. At the same time, just because a person does not lose consciousness, that doesn’t necessarily mean that they didn’t have a concussion. Plenty of people suffer a mTBI even without a loss of consciousness.

You’ll often hear people talk about the Glasgow Coma Scale (GCS). That’s a 0–15 scale measuring alertness, with 15 being fully awake and alert. But here’s the problem with that scale — by the time a paramedic or doctor evaluates you, you’ve already regained consciousness. The GCS doesn’t tell us what happened to you at the scene before the medical professional attended to you, so it’s not a reliable measure for a concussion unless you’re still unconscious when help arrives.

A Normal CT or MRI Result Doesn’t Necessarily Rule Out Traumatic Brain Injury

We’ve all heard about CT scans and MRIs. These are often important procedures for diagnosing many different types of injuries. But with that said, these procedures aren’t always the best way to determine whether a person has a mTBI. It’s well established that the results of CT scans and even standard brain MRIs can come back completely normal in cases of mild traumatic brain injuries. In other words, these tests aren’t always reliable indicators of whether a person is suffering with a mTBI. This is because the damage to your brain caused by a car accident or slip and fall is not always going to show up on the standard radiological tests.

What To Look For

Some common signs of a mTBI that we look for when meeting with our clients:

• Memory problems or “lost time” around the crash
• Confusion or feeling “foggy”
• Persistent or worsening headaches
• Dizziness, vertigo, or imbalance
• Nausea or vomiting
• Sensitivity to light or noise
• Blurred or double vision
• Fatigue or sleep disturbances
• Irritability, anger, or personality changes
• Depression, sadness, or anxiety
• Slowed thinking or speech
• Ringing in the ears (tinnitus)
• Loss of smell or taste
• Difficulty concentrating or following conversations
• Forgetfulness or “zoning out” frequently

Prompt Treatment Is Critical

Prompt treatment is important because medical literature and brain specialists agree that the first year is critical for mTBI recovery; oftentimes, the most substantial recovery from a mild traumatic brain injury occurs in the first year after the accident. That means there’s a real urgency in getting evaluated and starting proper medical treatment as soon after the accident as possible.

What To Do If You Suspect You Have a Mild Traumatic Brain Injury

See the right doctor. 

Not every neurologist specializes in concussion or mTBI treatment. In Broward County, there are over 200 board-certified neurologists, but only a handful truly understand and specialize in post-traumatic brain injury care. So, don't hesitate to contact our office if you suspect that you or a loved one has a mild traumatic brain injury (or a moderate or severe brain injury). We can help get you to the right physician for treatment.

Document everything. 

Write down your symptoms as they occur, even small things like irritability, confusion, or fatigue.

Have someone close to you come to the appointment. 

Family and friends often notice changes you can’t see yourself.

Don’t delay. 

The sooner treatment begins, the better your long-term outlook.

Get legal advice soon after the accident.

A proper diagnosis and access to the right specialists can make a huge difference in your injury case.

There Are New Blood Tests Available To Diagnose a Brain Injury If Done Early Enough

There are a couple of new types of blood tests available that can help determine whether somebody has sustained a traumatic brain injury. These are tests for neuronal ubiquitin C-terminal hydrolase-L1 (UCH-L1) and the glial fibrillary acidic protein (GFAP). This testing is available at most large labs such as Quest and LabCorp. Since this testing is relatively new, it is unknown as to how soon after the crash the person has to be tested in order for the test to potentially come back positive (i.e., indicate that there might be a brain injury).

We’re Here to Help

If you or anyone you know may have suffered a mild traumatic brain injury after a car crash, a slip or trip and fall, call us at (954) 833-1440 or text us at 866-624-9594. It doesn't matter where you are located, we handle cases throughout the entire state of Florida. And if you are not in the state of Florida, we can get you to an attorney who is a brain injury specialist in any state across the country. We’ll take the time to listen, ask the right questions, and get you to the right medical professionals who understand what you’re going through.