Brain Injuries

SENSITIVE FORENSIC DIAGNOSTIC STUDIES CAN OBJECTIVELY VERIFY INJURY BUT ARE EXPENSIVE AND DIFFICULT TO OBTAIN:  Common MRI and CT scans are diagnostic studies that may not show traumatic brain injuries, even when they exist. These and other diagnostic studies performed on traumatic brain injury patients often miss crucial findings because they are not sensitive enough or calibrated to find the forensic medical evidence necessary to objectively determine traumatic brain injuries. Thus, there becomes an issue with establishing causation at trial. Although there are many ways to determine brain injury without diagnostics, such as with neuro-psychological testing, psychiatric testing, and neurological tests, they can often have false negatives (meaning, they are unable to conclusively verify brain injury to a reasonable degree of medical certainty, which is the standard under California law). As such, it is often critical to obtain sensitive forensic studies that are designed to objectively determine brain injuries that may not show up on less sensitive and refined scans. These diagnostics include but are not limited to, DTI Imaging Studies [Diffusion Tensor Imaging], specialized CT scans [computed tomography], PET scans [positron emission tomography], SPECT scans [single proton emission], EEG scans [electroencephalogram tests], and other visual and auditory diagnostics depending on your symptoms. Some of these diagnostics can be very difficult to obtain, as they are forensic and not commonly needed for treating normal patients where determining the exact cause is of low importance to the overall treatment presentation, and costs, of treating the patient. Child & Jackson will be able to retain the proper experts and/or guide you through your health insurance to obtain these diagnostics (if you have a Cadillac plan) for you to obtain the objective evidence you need to win your case.