Coordinating Medical Experts for Traumatic Brain Injury Cases

After sustaining a traumatic brain injury (TBI), a person may have to see a number of medical professionals, including physicians, neurosurgeons, and neuropsychologists. While these specialists are experts in their field of medicine, they are often not familiar with personal injury law. For this reason, it is often important for an experienced attorney to help with coordinating medical experts for traumatic brain injury cases and explain the different aspects of the law in case they have to testify about the injuries an individual sustained.

Standard of Proof

One of the biggest aspects of TBI cases that medical experts often need to be informed about is the standard of proof required in a personal injury case. Often, healthcare professionals believe that the standard of proof for a TBI case is beyond a reasonable doubt, as it is in a criminal case. However, the accepted standard of proof is actually much different in civil court.

In a civil lawsuit, the burden of proof is only the “greater weight of evidence.” This means that the plaintiff does not have to prove that the defendant was negligent beyond a reasonable doubt. They must only prove that the defendant most likely caused the accident. It is important for an attorney to help with effectively coordinating medical experts for traumatic brain injury cases in order to fully live up to the standard of proof expected in these cases.

Testing Method Limitations

When testifying, it is also very important that doctors explain what the limitations on different testing methods are. This is because not all tests can properly document injuries, particularly in a TBI case. For example, there are many tiny axons, like biological wires, that connect the nerve cells in the brain. After sustaining a TBI, these axons can be sheared—or cut—and that damage can be very difficult for a test to detect.

If compensation is based on the test results alone, the injured individual may not receive the full amount of compensation they are entitled to. Without the doctor’s testimony, it cannot be proven that the injury is worse than the tests indicate. A medical professional, however, could explain to the court that tests cannot detect everything, that there is a very good chance the injury is worse, and that it may take even more time for the injured individual to recover because of it.

Additional Concerns Related to Expert Testimony

While these are the two most important aspects of a personal injury case that should be reviewed with physicians before they testify, there are others as well. Medical professionals should be prepared for all aspects of testifying, including making sure they understand a question before providing an answer and only providing “yes” or “no” answers when applicable without expounding or volunteering more information.

What a Lawyer Could Do to Help

Coordinating medical experts for traumatic brain injury cases and making sure they understand how personal injury cases work is just one of the many tasks a traumatic brain injury lawyer could take on during a personal injury case. They could also investigate the accident in order to determine fault and negligence. Once they do, they will then fight for an injured individual’s rights in court and give them the best chance of getting the full amount of compensation they may be entitled to.

It is for this reason that anyone who has suffered a TBI should speak to an attorney before filing a lawsuit. A seasoned lawyer could not only represent an injured individual and work tirelessly to get them the compensation they deserve, but they could also ensure that everyone involved in the case is fully prepared for court and other proceedings related to the case.