Halifax Personal Injury Lawyer Blog

...since I have been preparing for a month long jury trial that starts next week on behalf of a client who suffered a minor traumatic brain injury (MTBI). I have found the more I prepare, the luckier I am.

MTBI claims are among the most difficult of personal injury claims to prove. By definition, imaging studies (MRI, CT scan, X-ray) are normal. Often there is no loss of consciousness and sometimes the victim has not even suffered a blow to the head.

The effects of MTBI are subtle. It can be difficult to convince a jury that someone who looks so "normal" has suffered a debilitating injury.

If you are looking for more information about MTBI claims, I highly recommend the Traumatic Brain Injury blog by my collegue Bruce Stern. You can take a look here.

You can also find more information at the Brain Injury Association of Canada.

If you are looking for a Halifax personal injury lawyer you can check out our website.

Posted by John McKiggan | Permalink | Email This Post

Posted In: Brain Injury , Personal Injury

Bookmark:

Injury is the leading cause of death and disability among children and adolescents in
Canada. A new report from the Canadian Institute for Health Information indicates that the number of children injured each year in Canada has declined steadily over recent years.

The rate of child injury in 2005–2006 was 36.7 per 10,000 persons, compared to 40.6 per 10,000 persons, in 2001–2002.

The authors of report suggest that the decrease in pediatric injuries could be due to a variety of
factors, including:

Improved injury-prevention programs;
Changing practice patterns with changing hospital admission criteria;
Administrative changes; and
Legislation designed to target child safety concerns.

The leading cause of injury was unintentional falls (37%) with double the number of injuries of the second leading cause of injury, car accidents (18%).

It is perhaps not surprising that car accidents resulted in more serious injuries. The study reports that falls resulted in 24,433 hospital days with an average of 2.3 days required for treatment. Whereas car accidents resulted in 32,118 hospital days with an average hospital stay of 6 days required for treatment.

The leading cause of injury that resulted in death among children and adolescents under age 20 years was car accidents (55.5%).

While the trend towards fewer injuries is encouraging, more study is needed to identify the specific reasons for the decrease so that governments and hospitals can determine how to most effectively spend limited health care and trauma prevention dollars.

You can read the whole report here.

Posted by John McKiggan | Permalink | Email This Post

Posted In: Brain Injury , Car Accidents , Child Injuries , Personal Injury

Bookmark:

Dave Irwin was one of the famous Crazy Canucks, the legendary Canadian Olympic ski team. He was one of the greatest skiers in Canadian history, and one of the fastest skiers in the world. Now he is a survivor of brain injury; the result of repeated concussions from some of his spectacular wipe outs during his downhill racing career.

I just watched the documentary Downhill Racer on CBC's Fifth Estate about Dave Irwin. It is a powerful story about Irwin's brain injury and his struggle for recovery.

If there is anyone who still doubts that concussions due to sports injuries can have catastrophic consequences, they need to watch this documentary.

Posted by John McKiggan | Permalink | Email This Post | Comments (0)

Posted In: Brain Injury

Bookmark:

A new Canadian study suggests depression is a physical outcome of "minor" head injuries like concussion.

In the past, coaches and athletes have considered having your "bell rung" (a concussion) to be a relatively minor injury that athletes need to "shake off" before returning to the game. The sports medicine study was conducted to determine the effects of concussion on elite or professional athletes.

The National Post reported that:

Using sophisticated MRI scans that track cerebral function in real time, the research by the Montreal Neurological Institute focused on elite-level athletes. The results, though, have "huge" implications for the general population, given the large number of people who suffer mild head injury, says Dr. Alain Ptito of the McGill University institute, the study's lead author

The Post reported that the study would have an impact on treating Canadian soldiers returning from Afghanistan.

However, I think the study will have a dramatic effect in helping personal injury lawyers who represent persons who have suffered head injuries.

The author of the report says:

The results could likely also be applied to the "epidemic" of Canadians who suffer mild head injuries in car accidents, workplace mishaps and the like, Dr. Ptito said.

In my practice representing victims of car accidents, I have had literally hundreds of clients who have suffered a concussion who subsequently develop disabling depression. In most cases, the insurance company hires a psychiatrist who prepares a report suggesting that the injured person's depression is due to pre-existing psychological issues or stress.

At least now we have a tool to prove that depression is actually caused by a physical injury!

Posted by John McKiggan | Permalink | Email This Post

Posted In: Brain Injury

Bookmark: