Archive for the ‘Medical Malpractice’ Category

Symptoms and Permanent Consequences of TBI

Wednesday, March 10th, 2010

Effects of TBI1 Symptoms and Permanent Consequences of TBIOur Chicago brain injury lawyers continue this week’s discussion of traumatic brain injury (TBI), in honor of Brain Injury Awareness Month, with a discussion of the symptoms and effects of TBI.

As discussed previously, traumatic brain injuries are caused by a blunt trauma to the head — often a result of motor vehicle accidents, falls, explosions or other method involving a substantial amount of force directly to the head.  Where a TBI is suspected to have been caused by the carelessness or recklessness of another, it is important to contact a top-rated Chicago brain injury lawyer to discuss your case and ensure your rights are protected.

The severity of a traumatic brain injury can range from “mild,” with a brief change in consciousness or mental status, to “severe,” with an extended period of unconsciousness and amnesia.  TBI can result in both short-term and long-term problems with a person’s independent functioning.

Different areas of the brain impact different physical and cognitive functions.   Therefore, the location of the traumatic brain injury to the brain will largely determine the nature and extent of physical and cognitive deficiencies as a result of the TBI.  See the chart above for the different Functions of the Brain impacted by TBI.

Symptoms can manifest in a variety of physical, cognitive and behavioral symptoms, including changes affecting thinking, language, learning, emotions, behavior and/or sensation.  Additionally, a TBI can result in far-reaching social and developmental consequences.  It is important to note that even a so-called “mild” TBI can result in long-term problems, with an estimated 15% of individuals diagnosed with mild TBI suffering severely debilitating symptoms long after injury.

Especially with children, whose brains are still developing, even mild TBI must be addressed immediately by the appropriate medical professionals — including neurologists, neuroradiologists and possibly neurosurgeons — to minimize permanent consequences of the brain damage.  Our Chicago child brain injury lawyers understand the complexities involved in TBI cases involving children, as well as the magnitude of our responsibility involved in protecting their rights through adulthood.

Physical symptoms of traumatic brain injury are both neurological and non-neurological.  Typical physical symptoms can include chronic headaches or neck pain, persistent exhaustion, mood changes, sleeplessness or changed sleep patterns, light-headedness, dizziness, loss of balance, impaired motor and autonomic function, nausea, increased sensitivity to light or sounds, blurred vision, sensory loss, and ringing in the ears.  Some long-term conditions include various movement disorders, seizures, persistent headaches, visual problems and sleep disorders.  TBIs have been directly linked to epilepsy and increased risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

Typical cognitive symptoms can include memory loss or difficulty remembering, inability to concentrate, difficulty in making decisions, slowed thinking, speaking or reading, confusion, inability to focus, and impaired visual perception.  Additionally, TBI can impact problem-solving, abstract reasoning, insight, judgment, planning, and organization.  These symptoms can change in severity and presentation over time, and often go unrecognized.

Typical behavioral symptoms can include verbal and physical aggression, agitation, decreased responsive ability, shallow self-awareness, altered sexual functioning, increased impulsivity, reduced social inhibition, mood disorders, personality changes, lack of emotional control, depression and anxiety.

The social consequences associated with TBI and its accompanying symptoms can be extremely serious, and include increased risk of suicide, divorce, chronic unemployment, economic difficulty and substance abuse.  Problems often do not manifest until after the individual attempts to resume their normal life, with workplace and interpersonal demands uncovering dysfunction and behavioral issues.

As noted above, of particular concern is children who have suffered from a TBI, where the behavioral and cognitive effects of injury may not become apparent until later in a child’s development.   As a result, a child may experience problems with learning ability, difficulties in social development and peer relations, behavioral problems, and difficulty processing social cues.

For a Free Consultation with an experienced Chicago brain injury attorney at Passen Law Group, call us at (312) 527-4500.

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Understanding Traumatic Brain Injury (TBI)

Monday, March 8th, 2010

Chicago TBI Lawyer 300x179 Understanding Traumatic Brain Injury (TBI)March is national Brain Injury Awareness Month.  This week, our Chicago brain injury lawyers will discuss various aspects of traumatic brain injury (TBI), including causes, symptoms, statistics and prevention.

Traumatic brain injuries are sudden, devastating and life-changing events.  In the context of a catastrophic truck accident or several-story construction fall, the magnitude of the brain injury is evident.  However, in other instances, the true impact of TBI is more subtle.

TBIs are sometimes referred to as the “invisible injury” and “silent epidemic” by doctors and Chicago brain injury attorneys because the effects of such injuries are generally not obvious to most observers, symptoms may take days, months or even years to show, and victims are often unaware that something is wrong.  But the effects of TBI are very real, and can result in severely debilitating short and long-term symptoms.

Anyone can be a victim of a TBI at anytime.  Therefore it is critical that each individual know what TBI is, be aware of the symptoms of a TBI, know how to prevent or mitigate such injuries, and understand the steps to take and the options available in the event that one believes they may be a victim of a TBI.  Call Passen Law Group at (312) 527-4500 to speak with a top Chicago TBI lawyer regarding a potential legal action relating to a brain injury.

What is a TBI, and what happens when a TBI occurs?

A TBI refers to the damage or destruction of brain tissue that occurs due to a blow to the head, i.e. a “closed” head injury, or when the skull is penetrated, i.e. an “open” head injury.

A closed head injury occurs when a blow to the head whips the head forward and backwards or from side to side, as in a car crash, causing the brain to collide at high speed with the interior of the skull.  This can cause damage to specific areas of the brain, most commonly the frontal and temporal lobes, through bruising and tearing of brain tissue and blood vessels both at the point of impact and opposite the point of impact.  It can also cause damage throughout the brain by stretching and destroying neuronal axons – the long, threadlike arms of nerve cells that link cells to one another, various parts of the brain to other areas of the brain, and the brain to the rest of the body.

While specific damage from bruising and bleeding can often be detected through CAT scans and MRIs, injury to the neuronal axons generally cannot be detected through current imaging technology.  The existence of axonal injury is clear, however, from the effects it has on the individual’s functioning.

An open head injury occurs when a skull is penetrated after substantial head trauma, as for example by a bullet.  Damage in these types of injuries tends to be specific and limited to the area of injury, but can be as severe as closed head injuries depending on the path of the object within the brain.

TBI results in several physiological effects.  Tissue damage can cause substances normally contained safely within brain cells to be released into the brain.  The brain also reacts with biochemical and physiological responses, with the brain entering a hyper-metabolic state and releasing glucose in an attempt to protect itself from the injury.  These processes may mask evidence of injury, even as they cause further damage and destroy brain cells, resulting in what is called secondary cell death.

A further effect is seen in the individual’s functioning.  TBIs are often accompanied by loss of consciousness, varying from a few minutes or hours to several weeks or even months, depending on the severity of the injury.  As the individual regains consciousness, other symptoms may appear, including for example irritability, aggression, amnesia, confusion and disorientation.

Stay tuned for further discussion of TBI in coming days.  For a Free Consultation with a top-rated Chicago brain injury lawyer at Passen Law Group, call us today at (312) 527-4500.

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Illinois Insurers Encouraged to Comply with 2005 Medical Malpractice Reforms Despite Lebron Decision

Friday, February 26th, 2010

medical malpractice insurance 300x180 Illinois Insurers Encouraged to Comply with 2005 Medical Malpractice Reforms Despite Lebron DecisionOur Chicago personal injury lawyers have already discussed the recent landmark Illinois Supreme Court decision, Lebron v. Gottlieb (Ill. Feb 4, 2010), which held that legislative caps on non-economic damages in medical malpractice cases were unconstitutional.  This decision was a huge victory to those fighting on behalf of individuals and family members of those critically injured or killed each year by preventable medical errors.

Although the Lebron decision was a big win for Chicago medical malpractice attorneys and their clients, the decision also had a negative impact on patient rights — invalidating important medical malpractice regulatory reforms (“the 2005 Reform Laws”).  The Court held that because there was an “inseverability provision” in the Act in which the caps were enacted, the entire Act was invalid based on the unconstitutionality of the damage caps provision.  The Court emphasized that the legislature “remains free to reenact” certain provisions, including the 2005 Reform Laws, if “it deems appropriate.”

On February 20, 2010, the Illinois Department of Insurance issued a press release, which “Encourages Insurers to Comply with 2005 Medical Malpractice Reforms.”  The 2005 Reform Laws imposed changes to the Illinois Insurance Code that improved insurer reporting and transparency requirements and enhanced the Department of Insurance’s rate oversight authority.  In other words, the 2005 Reform Laws are critical to fairness and transparency in the medical malpractice insurance industry.

Since 2005, the Department has observed and documented improvements in the medical malpractice market, including a reduction in medical malpractice premiums, an increase in competition among insurance companies, and entry into Illinois of new insurance companies offering medical malpractice insurance.

Therefore, “given the public interest served by improved stability and affordability of medical malpractice insurance in Illinois, the Department of Insurance requests “continued, voluntary compliance by insurers” with the 2005 Reform Laws, including:

  • Timely responses to request for information necessary to determine how rates are set and the reasonableness of those rates;
  • Provide the Department with the insurer’s base rates and a list of available insurance agents;
  • Provide the Department with additional loss, claims, exposure and expense data as well as company-produced studies of reserves supporting Illinois medical malpractice business and company surplus;
  • Continue offering insureds quarterly premium payment options;
  • Continue offering insureds policies containing deductibles;
  • Continue to submit rate and rule filings to the Department prior to proposed changes;
  • Continue to offer discounts to insureds who agree to participate in risk management practices;
  • Provide the Department with 180 days notice before discontinuing the writing of insurance

Meaningful insurance reform is critical to providing preventing unfair and predatory practices by the medical insurance industry.  Also, the Illinois Department of Insurance must have continued access to this type of information to combat the baseless arguments from insurance lobbyists that medical malpractice litigation has a meaningful impact on medical insurance rates.

For a free consultation with a Chicago personal injury lawyer for Passen Law Group, call us at (312) 527-4500.

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Tort Reform Properlty Remains Out of Health Care Bills

Wednesday, February 24th, 2010

As President Obama and fellow democrats went back to the drawing board once again concerning health care reform, conservatives representing the insurance lobby raised calls for tort reform.  Fortunately for the hundreds of thousands of Americans seriously injured or killed each year by preventable medical errors, our Chicago medical malpractice attorneys are pleased to report that the President, and the Congressional majority, has not backed down from its stance that damage caps in medical malpractice cases have no place in health care reform legislation.

Proponents of tort reform say it will result in huge savings over the long haul. The Congressional Budget Office (CBO), that black hole of information, says savings from tort reform can be anywhere from $41 billion to $54 billion over a ten-year period.  Our Chicago medical malpractice lawyers note that this savings amounts to less than one percent of health care costs, at a time when overall health care costs are expected to increase by $2 trillion (with a “T”) in that same ten-year period.

So, tort reform may save Americans less than 1 percent of health care costs over a 10-year period.  But at what cost?  If doctors and medical providers have capped professional liability exposure, will that reduce the incentive to practice safer medicine?  How many more Americans will die or sustain catastrophic injuries caused by medical negligence as a result of capping liability exposure?  What is the cost in terms of damage to families whose lives have been ruined by preventable medical errors, who will not have the financial means to provide for themselves?

The CBO did not measure this cost.

Tort reform removes the ability for victims of negligence to lead as normal a life as possible while giving insurance companies a free pass to profit off the negligence of doctors, hospitals and other health care professionals.

Each Chicago medical malpractice attorney at Passen Law Group understands the devastating impact that medical malpractice can have on families.  Just as the Illinois Supreme Court recently held that damage caps are unconstitutional, we believe that any similar federal law is also unconstitutional.

There are specific factors that must be met in order to bring a medical malpractice case, and such cases also involve doctors, hospitals and insurance companies. The experienced Chicago injury lawyers of Passen Law have a thorough understanding of the factors, players and statutes of limitation.  We also understand that compensation must cover the costs of living with permanent disability, including past and future medical treatment, lost wages, loss of normal life, disfigurement, and past and future pain and suffering.

For a Free Consultation with a Chicago personal injury lawyer with Passen Law Group, call us at (312) 527-4500.

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