How to Find and Use the Medical Literature in a Mild Traumatic Brain Injury Case

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The effective brain injury lawyer must first learn to understand the medical literature relating to a mild traumatic brain injury before they can effectively represent their client. By doing so, you will not only be a better advocate for your client, but increase the possibility of a fairer resolution for your client. this slideshow is to help you look at some ways to incorporate the use of medical literature into your case in order to be a better advocate for your client.

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  • How authoritative is the CDC take? I haven't yet heard it show up in a case.
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  • Very useful, thanks counselor. #20 is a technique I've heard called cooperative consideration. Doctors are all scientists and they have trouble asserting infallability with a straight face.
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How to Find and Use the Medical Literature in a Mild Traumatic Brain Injury Case

  1. 1. HOW TO FIND AND EFFECTIVELY USE MEDICAL LITERATURE IN A MILD TRAUMATIC BRAIN INJURY CASE Edward K. Le Edward K. Le, PLLC 135 Park Ave N. Renton, Wa 98056 425 336 2255 www.edwardkle.com edward@edwardkle.com
  2. 2. WHY USE MEDICAL LITERATURE IN YOUR MTBI CASE?
  3. 3. BOLSTER CREDIBILITY & MAKE JURORS RECEPTIVE TO YOUR CASE
  4. 4. BOLSTER CREDIBILITY OF YOUR EXPERT
  5. 5. ATTACK CREDIBILITY OF THE OPPOSING MEDICAL EXPERT
  6. 6. SHIFT PARADIGM OF JUROR BELIEFS & HEURISTIC SCHEMAS
  7. 7. HELP YOU WIN YOUR CASE BY PROVING YOUR POINTS
  8. 8. WHERE TO FIND THE MEDICAL LITERATURE
  9. 9. FROM YOUR MEDICAL EXPERT
  10. 10. FROM THE DEFENSE MEDICAL EXPERT
  11. 11. FROM JOURNALS THAT ARE UNIVERSALLY RECOGNIZED
  12. 12. • New England Journal of Medicine: https://cdf.nejm.org • American Medical Association: http://www.ama- assn.org/ama • American Academy of Neuropsychology: https://theaacn.org/ • American Academy of Neurology: https://www.aan.com/ • Journal of Neurosurgery: http://thejns.org/
  13. 13. FROM GOVERNMENT FUNDED SCIENTIFIC AGENCIES & ORGANIZATIONS
  14. 14. • Center for Disease Control: http://www.cdc.gov • National Institute of Neurological Disorders: http://www.ninds.nih.gov • National Rehabilitation Information Center http://www.naric.com/ • National Institute of Health: https://vsearch.nlm.nih.gov • US Veterans Administration: http://www.publichealth.va.gov
  15. 15. HOW TO USE THE MEDICAL LITERATURE
  16. 16. SHARE IT WITH YOUR MEDICAL EXPERT & HAVE THEM VET IT FOR AUTHORITATIVENESS
  17. 17. EDUCATE YOUR CLIENT ABOUT HIS TBI MOST PATIENTS ARE NOT SELF- AWARE OF COGNITIVE DEFICTS UNTIL OTHERS TELL THEM
  18. 18. ASSIST AND GUIDE PATIENTS TO UNDERSTAND THEIR T.BI. AND HELP DIRECT THEM ON PATH TO RECOVERY
  19. 19. REBUT AND DEBUNK THE DEFENSES
  20. 20. GET ADMISSIONS AND CONCESSIONS FROM THE DEFENSE EXPERT
  21. 21. ASK DEFENSE EXPERT TO LOOK AT ARTICLE TO EITHER CONCEDE OR DENY THE POSITIONS TAKEN IN THE ARTICLE
  22. 22. Q. Doctor, as a neurologist, are you familiar with the Center for Disease Control? Q. Would you recognize the CDC as an eminent authority in the research and treatment of certain disease and pathology? Q. Are they considered an authoritative source to investigate the pathophysiology and epidemiology of a disease and its effect on the general population? Q. Do you consider them an eminent authority on research in the field of traumatic brain injury?
  23. 23. Do you agree with their findings regarding the following: • That most patients with MTBI have normal MRI and CT Scan • It is an invisible injury and you would not be able to recognize a person with MTBI on the street • That MTBI can cause profoundly cause disability to individuals • That MTBI can often permanently alter a person’s vocational aspirations and have profound effects on social and family relationship
  24. 24. • That many people with MTBI have difficulty returning to their routine and may be unable to return to work for months; • That although a person does not lose consciousness, he or she can sustain a TBI; • That TBI, including all levels of severity such as an MTBI, can be a major cause of disability in the US; • That one of the hallmarks for prolonged recovery from an MTBI is the presence of complicating factors such as Depression, Chronic Pain, Dizziness, PTSD, or persistent somatic complaints
  25. 25. • That many patient with MTBI have depression • That the more comorbities the person has, the greater the likelihood that he or she will have persistent and ongoing post- concussive symptoms
  26. 26. ACCORDING TO CDC & NIH, PERSISTENT POST-CONCUSSIVE SYNDROME WILL IMPACT EVERY ASPECT OF A PERSON’S LIFE Functionality Ongoing Medical Care Needs Quality of Life Earlier Nursing Home Enrollment Activities of Daily Living
  27. 27. ACCORDING TO CENTER FOR DISEASE CONTROL, PEOPLE WITH MILD BRAIN INJURY MAY EXPERIENCE ACCELERRATED COGNITIVE AND FUNCTIONAL DECLINE WITH AGE
  28. 28. IF THE OPPOSING EXPERT CHALLENGES RELIABILITY OR AUTHORITATIVENESS OF YOUR MEDICAL LITERATURE SHOW HOW HIS OR HER POSITION IS AGAINST MAINSTREAM BELIEF OF MOST OTHER DOCTORS
  29. 29. • “Were you aware that this study was quoted and referenced by the CDC in their report to the US Congress?” • “Would the CDC quote from junk science or any research that is less than authoritatively recognized by the medical community?” • “This article was also quoted in PubMed as having 10,000 citations to it, were you aware of that?” • “Yet, as a self-professed expert in traumatic brain injury who’s been practicing for 10 years, you never heard of this article, right?
  30. 30. FINAL TIPS
  31. 31. DON’T JUST CHOOSE ANY LITERATURE THAT YOU FIND PICK ONLY THE BEST
  32. 32. HAVE YOUR EXPERT AUTHENTICATE IT FIRST SO YOU CAN USE IT THE REMAINDER OF TRIAL
  33. 33. MOVE FOR JUDICIAL NOTICE OF THE LITERATURE YOU LIKE TO USE
  34. 34. ABOVE ALL ELSE
  35. 35. Email: Edward@edwardkle.com https://www.linkedin.com/in/edwardkle https://plus.google.com/+EdwardKLePLLCRenton https://www.facebook.com/EdwardKLePLLC CONNECT WITH ME FOR MORE INFORMATION

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