What is "the definition" of a Traumatic Brain Injury?
Dan Chamberlain
Double Board Certified, AV Rated, Top 50 Superlawyer, Safety & Care Advocate
When taking a deposition of a health care provider that professes knowledge of brain injury, it is amazing to start the deposition with the definition of TBI. Most "experts" simply do not understand the same. Recently, I took the deposition of a neuro-psychologist that was relying on scholarly literature that was more than 20 years old. Not only was the literature outdated, it was simply ... wrong ... and, debunked.
TBI is defined as an alteration in brain function, or other evidence of brain pathology, caused by an external force.
Technologic advances in magnetic resonance imaging and the development of biomarkers offer potential for improving diagnostic accuracy in these situations.
The understanding that both milder insults and less typical presentations not fit under the TBI diagnostic umbrella has increased the overlap with non TBI pathologies.
- An alteration in brain function is defined as 1 of the following clinical signs:
- Any period of loss of consciousness.
- Any loss of memory for events immediately before or after the injury.
- Neurologic deficits, including weakness, loss of balance, change in vision, dyspraxia paresis/plegia [paraplegia], sensory loss, aphasia, etc.
- Any alteration in mental state at the time of injury.
However, we need to recognize that clinical manifestations may be delayed.
- Or, other evidence of brain pathology: Such evidence may include visual, neuroradiologic, or laboratory confirmation of damage to the brain.
- Caused by an external force, that may include any of the following events:
- The head being struck by an object.
- The head striking an object.
- The brain undergoing an acceleration/deceleration movement without direct external trauma to the head.
- A foreign body penetrating the brain.
- Forces generated from events such as a blast or explosion.
- Or, other force yet to be defined.
Archives of Physical Medical Rehabilitation, 2010-91: 1637-40, Volume 91, November 2010.
If you have any questions, please contact Dan Chamberlain at 317-549-5454 for answers on traumatic brain injury and how this definition can help you win your case.
Longevity through Increasing Health
8 年If you have a brain injury, work with me and rebuild it.
Independent Nurse Paralegal Veritas Litigation Support Services
8 年Oh, and one I forgot: new onset behavior changes post-injury, BIG ONE!
Independent Nurse Paralegal Veritas Litigation Support Services
8 年Great points! The brain is such a tremendously complex organ that 100 years from now I doubt that scientists will still not be able to know conclusively about brain function, and still will be at a loss to predict just how an individual will react to any type of brain insult or injury. One other point to add to that list: new onset seizure activity post-injury. As you pointed out, onset of symptoms can be delayed--and they can onset 2 wks or even longer. There are very valid reasons for this that have been known for over 20 years, and it cannot be emphasized more. One more observation: How could this referenced "Expert" pass muster in these post-Kumbo days? Thanks for posting this!
Legal Nurse Consultant, Field Nurse
8 年Very well said.