Get the Medical and Legal Insights You Need to Win TBI Cases
Traumatic brain injury cases represent numerous challenges. "Invisible" injuries, issues of causation and heightened opposing party defenses require specialized knowledge and techniques to overcome. How do your skills stack up? In this program, a neuropsychologist and seasoned attorneys will provide you with the ammunition you need to prove your client's brain injury and get them the compensation they deserve. Improve your settlement and trial results - order today!
- Learn the mechanics and limitations of diagnostic tests directly from a neuropsychologist.
- Spot signs that could mean your client has an undiagnosed brain injury.
- Gain techniques for quantifying and proving damages in brain injury cases.
- Discover strategies for convincing jurors to see traumatic brain injuries from your perspective.
- Anticipate and take advantage of weaknesses in defense medical expert opinions.
- Find ways to handle complicating case factors, including delayed diagnosis or pre-existing medical or mental health conditions.
This is a rebroadcast of the original webcast delivered by Dr. Eva Henry, Douglas R. Horn and Robert J. Kasieta on September 23, 2019. Faculty will be available to answer your questions after the program.
10:00 AM - 5:00 PM Eastern Standard Time
- Doctor's Perspective: Traumatic Brain Injury Testing and Diagnosis
10:00 - 11:15, Dr. Eva Henry
- Key Definitions, Lingo, Brain Anatomy and Functioning
- Identifying the Neuropsychiatric and Neurological Aspects of TBI
- Coordinating Neuropsychiatric, Neuropsychological, Neurological and Neuroradiological Assessments
- Neuroscientific Evidence Supporting the TBI Diagnosis and Long-Term Effects (DTI, Bio-Markers, Neuroendocrine Disturbances and More)
- Defining the Severity of the Brain Injury: Is Mild Really Mild?
- Prognosis and Treatment of Mild or Moderate to Severe TBI
- Pre-Existing Conditions and Issues of Co-Morbidity
- An Overview of Legal Considerations in TBI Cases
11:30 - 12:15, Douglas R. Horn
- Client Intake - Identifying TBI
- Proving Sudden Onset of TBI
- Medical Treatment Considerations
- Medical History Considerations
- Mental Health History Considerations
- Academic/Vocational History Considerations
- Using Retained Experts in TBI Cases
- Pleading TBI
- Discovery Considerations
- Proving TBI Damages
12:15 - 1:00, Douglas R. Horn
- Economic Damages
- Medical Expense
- Lost Income and Earning Capacity
- Lost Household Work Services
- Future Medical Expense
- Life Care Plans
- Non-Economic Damages
- Loss of Health (Pain/Suffering)
- Loss of Quality of Life
- Emotional/Mental Distress
- Other Non-Economic Damages
- Explaining Neuropsychiatric and Neurological Functional Limitations of Brain Injuries to a Jury
1:30 - 2:00, Robert J. Kasieta
- Admitting Your Evidence at Trial
- How Jurors View TBI Claims
- Educating Juries About TBI and the Mechanism of the Injury
- Using Exhibits and Day-in-Life Videos Effectively
- Illustrating Changes in the Plaintiff Through Lay Witness Testimony
- Using Experts to Prove TBI and Discuss Changes in Behavior
2:00 - 2:45, Douglas R. Horn and Robert J. Kasieta
- Investigating Experts and Reviewing Reports - What to Look for
- Challenging or Supporting the Testing (with Case Law)
- Reliability of Neuroimaging (SPECT, PET, fMRIs) and Other Tests or Assessments
- Was the Administration of the Test Properly Handled?
- Opinions on Plaintiff's Behavior and Change of Behavior
- Calling Qualifications, Bias, and Data Sources Into Question
- Dispelling Bias and Supporting the Expert's Opinions
- Defense Doctor Cross-Examination Questions and Questioning Strategies
- Proving Injuries are Incurable, Serious and Worthy of Compensation
2:45 - 3:15, Douglas R. Horn
- Minimizing the Impact of Weak Links in Your Case
3:30 -4:00, Robert J. Kasieta
- Possible Alternative Explanations for the Plaintiff's Behavior
- Medication Side Effects
- Prior History; Pre-Existing Medical Conditions
- Mental Health Conditions
- Delayed Diagnosis
- Evidence Showing Inconsistencies with a TBI Claim (Surveillance, Social Media, Purchases, Records, etc.)
- Issues of Patient Non-Compliance and Contributory Negligence
- Legal Ethics
4:00 - 5:00, Robert J. Kasieta
- Duty of Competence
- Representing Impaired Clients
- Attorneys' Fees
- Handling Third-Party Liens on Settlement Proceeds
- Attorney Advertising
This program is designed for attorneys. Paralegals may also benefit.