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Challenging the Impartiality of the 'Independent' Medical Examination
When it comes to traumatic brain injury (TBI) claims, the defense may bring in an expert witness to conduct an “independent” medical examination (IME). Yet the impartiality of such an evaluation...
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Questioning the Expert: Exposing Gaps in Expertise and Potential Bias
In legal battles, especially those related to medical issues, expert witnesses play a crucial role. Their credibility and the veracity of their claims are paramount. Hence, it’s crucial for attorneys...
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Challenging the Brain Plasticity Defense in TBI Cases involving Children
A recurring defense in pediatric traumatic brain injury (TBI) cases is the concept of brain plasticity. It’s a valid scientific principle that describes the brain’s adaptive capacity to reorganize...
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Deconstructing the ADHD Defense in TBI Cases
In traumatic brain injury (TBI) claims, one common defense is attributing the client’s symptoms to Attention Deficit Hyperactivity Disorder (ADHD) rather than the injury in question. But this argument...
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Understanding Traumatic Brain Injury (TBI) in Children
Traumatic brain injuries (TBI) are distressing and complex, more so when they impact children. The nature of the developing brain means that children often face more significant challenges than adults...
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Understanding PET Scans and Their Validity in TBI Diagnosis
One of the recurring defenses in TBI (Traumatic Brain Injury) cases is the claim that PET (Positron Emission Tomography) scans are generally not appropriate for such diagnoses. Let’s delve deeper...
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Emergency Room Misconceptions: Unraveling TBI Misdiagnoses
It’s a common tactic in defense claims: “Your client couldn’t possibly have a traumatic brain injury (TBI) because the emergency room doctor didn’t diagnose it!” This argument...
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Malingering versus Brain Damage: Disentangling Myths and Misunderstandings
Malingering, in the context of traumatic brain injury (TBI) and other medical conditions, refers to the exaggeration or feigning of symptoms for external gain, such as financial compensation or evading...
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