Mild Traumatic Brain Injuries Pose Different Set of Rules

Medical malpractice lawsuits often follow, with plaintiffs asserting that the hospital, nursing home staff or physicians failed to properly monitor and maintain the patient's safety. These plaintiffs may claim to have suffered acquired brain injuries (ABIs) or traumatic brain injuries (TBIs) that continue to hinder their ability to function in their everyday lives. However, while these assertions may be true, they call for further investigation on the part of the defense. Plaintiffs in medical malpractice actions have a financial incentive for exaggerating their symptoms, so an evaluation should be made to determine if the plaintiff is malingering.

As with any personal injury case, in a case involving an ABI or TBI, the plaintiff must demonstrate that the client was affected in terms of limitations and disabilities. However, the difference between an ABI or TBI case and many others is that in a case involving brain injury, the attorney must be able to prove the injury itself. Rather than physically showing before-and-after evidence — as one would in an accident involving broken bones or paralysis — the injury must be shown to have limited the plaintiff's ability to function cognitively, emotionally, socially and/or vocationally. A fair number of mild brain injury individuals may even appear to have normal cognitive functions and will be shown to have retained their cognitive abilities on neuropsychological testing, yet, when placed in interpersonal situations, will exhibit symptoms that have adversely affected their lives.