Wednesday, December 22, 2010

Mild Brain Injuries Grow

There is an increase in the number of mild brain injuries reported. The rise in cases reported are due to various factors – among the most common are increased awareness, educational programs, and lifestyle choices. Mild brain injury can result from a blow or jolt to the head, leading to bruising or trauma to the brain surface. It is estimated approximately 1.4 million people are diagnosed with mild brain injury each year. Amazingly, 85% of those receiving treatment will make a full recovery. Despite the fact that more closed head injuries are being reported, there are still misconceptions about mild brain injuries.

When an individual initially experiences mild brain injury, losing consciousness may or may not occur. In fact, it is not unusual for a person to “feel fine” immediately following a hit to the head area. However, over a period of time, symptoms such as memory loss, dizziness, vomiting, blurred speech or vision, and headaches may manifest. In many situations people are not aware of a mild brain injury until symptoms appear weeks, or even months later. Regrettably, going undiagnosed happens frequently among children who may have encountered head trauma from sports, abuse from adults, or bullying. Common causes of mild brain injury are falls, car accidents, sports, war, skiing, and boating accidents.

In light of the wars in Iraq and Afghanistan, mild brain injury is a reality for many of our returning troops. Many of these young men and women will find it extremely difficult adapting to civilian life once they return because of head injuries sustained during combat. If brain injury victims do not receive timely therapeutic intervention, the recovery process can be prolonged. In addition, delayed treatment may lead to complications as temporary symptoms may become permanent. Most tragic is the fact that mild brain injuries may be fatal if undetected over an extended period of time.

Friday, December 10, 2010

Frozen Body Brings Flurry Of Fines And Lawsuit

On a freezing cold Winter day in 2005, an elderly man wandered away from a nursing home in which he was a resident. Four days later, following an intensive search by the local sheriff’s department, his body was found frozen in a nearby field. The gentleman had attempted to elope from the facility on two previous occasions. The facility in question was not equipped to provide dementia patients with the added levels of security required by the state. As dementia patients are considered “high risk” for elopement, it is essential to have the necessary safeguards in place to ensure safety. The facility was ultimately fined $12,000 by the state and placed on probation. In addition, the family of the deceased has retained the services of an attorney who has filed a negligence lawsuit.

Elopement issues are ranked in the top 10 on the Joint Commission’s list of Sentinel Events. The prevalence of elopement issues in care facilities in the United States is so pervasive that approximately 10% of all litigation cases have related concerns. Many of these long term care facilities and assisted living houses are being fined and literally being regulated out of business. For example, in Delaware a jury awarded a family $13 million in compensatory damages against a long term care facility. The average out of court settlement for 2009 was $393,650.