Traumatic Brain Injury and Post Concussion Syndrome For traumatic brain injury (TBI) and post concussion syndrome (PCS).


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Old 05-04-2014, 11:54 PM #1
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Default Was this (legally significant) medical negligence?

Hi everyone, I'm just looking for a little advice and to blow off some steam I suppose. Apologies in advance for my tendency to ramble! I tried to be as thorough as possible but I go on a bit, sorry

In my frequent contemplation of the circumstances of my accident, and in light of what I've gleaned from research, I've become very frustrated and upset with how the treatment of my injuries that lead to my as-of-yet still not formally diagnosed TBI.

I feel as though it was very poorly handled by the hospital staff involved and that my health and wellbeing could be vastly different presently if my treatment had been of higher quality.

I know there are vastly differing opinions on the treatment of brain injury and a lot of scientific knowledge on TBI has only come to light recently, and my individual situation was somewhat ambiguous, so perhaps the response to my accident was reasonable/typical in the current medical landscape, and it's just bad luck.

However reading about how others have been treated and diagnosed and comparing that to my own experience has been incredibly frustrating so I guess I just want to understand the whole situation a little better... Anyhow, without further ado:


In January of 2013 at the age of 17 (I really don't want to think about how that's almost a year and a half ago now ) I had my first and only tonic/clonic (grand mal) seizure due to what was put down as hyponatraemia (acute water intoxication). I'd been at an outdoor music festival, completely sober, on an incredibly hot day. I'd gotten a headache at one stage, and as folk knowledge had taught me, there's nothing better for a headache than hydration .

I fell and hit my head, was knocked unconscious briefly and have a period of amnesia of roughly 10 hours following... I'm told I was dazed and pretty well incomprehensible during this period, and I have 'islands' of memory where I recall saying nonsense, trying to speak to the strangers who carried me to the medical tent, etc.. When I'd partially returned to myself, still quite unsteady and groggy, I was in the ER in the early morning.

All throughout this the primary assumption was that my condition/behaviour was due to an overdose or bad reaction to some kind of drug (given it had happened during a period when I was alone at a music festival), so that's what they were treating me for.

A CT scan was conducted during this period of amnesia which AFAIK came back normal. I think I passed the "what's the date, who's the prime minister, what's your name" etc. battery of questions (with some difficulty), but when they tested my vision they discovered a blind spot and decided to keep me in the hospital over the weekend. While in I spent most of the time sleeping. I was discharged on the Monday after a normal EEG and an MRI with a white spot indicative of "some damage typical of a bump to the head that should clear up in a couple of weeks but really nothing to worry about".

The thing is, throughout this whole episode there was no mention of a possible concussion or mTBI by any of the staff or the neurologist who oversaw me. All the focus was put on the seizure, and the whole ordeal was treated as something pretty minor. Having almost no knowledge of any of the stuff that had happened I and my family accepted this attitude and wrote off the whole episode as just one unpleasant weekend. I attributed all the unpleasant cognitive stuff that followed to pre-existing mental health issues I was experiencing and as a response to stresses of a coming return to school, etc. and never even thought that the whole incident could've had anything to do with it...

All year I was so sure that the seizure had hardly mattered that I just figured all my severe cognitive issues had to be prolonged symptoms of the couple of bad drug trips I'd had at the end of 2013, because it was the only possible explanation I could glean from my experiences. Now after all this research I'm inclined to think that this accident is likely the most significant factor in my ongoing poor cognitive state.

I now know that my response was highly atypical for even a worse tonic/clonic seizure than the one I had... while consciousness is generally lost, the postictal state of altered consciousness, amnesia, confusion, speech difficulties, bliss etc. typically ends after 30 minutes, with any persisting symptoms being fairly minor. This leads me to believe this likely had little to do with my condition.

It sounds far more like a typical response to a brain injury to me from what I've researched: hit my head, extended period of amnesia disorientiation (motor skills/cognition/speech), impaired vision hours after the fact, need for hospitalisation, as well as being told by friends and family in the days and weeks afterward that I seemed pretty "off".

I also know that people can experience concussions which have severe, lasting repercussions, (from incidents less drastic than falling whilst standing and smacking their head on asphalt whilst their brain was already swollen from water intoxication AND enduring an electric shitstorm) and retain consciousness, continuous memory, mobility, comprehensibility, etc, yet neverthless are nevertheless recognised, diagnosed, and treated. My immediate symptoms were far worse and it just seems like a no brainer (ha) that I was dealing with at least a concussion on top of the seizure. Most concussions don't even show up on an MRI the same day; I had evidence of damage on an MRI three days later.

Uhh, this is dragging on and I'm not sure if there's more to cover so I'll probably come back to it later... but my main concern and frustration is that, as far as I understand, treatment in the days/weeks/months after the accident is crucial in cases of brain injury, and even adhering to the most ideal treatment plan, there are no great guarantees... But I fear that because I wasn't diagnosed and treated, I permanently jeopardised my recovery...

In the days I was in hospital, when I was awake, I was watching TV shows on an iPad. When I left with no advice other than "don't drive for a couple of months just in case you have another seizure", I returned to being incredibly stressed and anxious about returning to school. Like, really, really stressed. A lot of self-loathing about my cognitive state. a lot of fear and frustration with myself and my family situation.

Additionally I slept poorly and on pretty awful hours... My dad always forced me to get up at daybreak regardless of how I'd slept. I jogged most days, and spent the bulk of my time staring at a computer screen or watching TV shows. Tried to force myself to read, etc. I didn't stop drinking until the start of this year; it wasn't super often but it was fairly regularly. Family dinners, in the company of my teenage peers, and while alone (on numerous occasions to excess).

I guess that's what my concerns come down to. Knowing now the typical regimen of REST, REST, REST, NO STRESS, DRUGS, NO EXERTION, etc. for brain-injury treatment, I now feel horrible reflecting on my life in that crucial recovery period. Had I and my family known that I'd almost inevitably suffered some kind of brain injury, we would have absolutely ensured that I adhered to this typical treatment plan as well as possible for as long as necessary. Lacking that, I fear I've caused permanent damage and lost vital opportunities to recover. This really, really seems like something a neurologist should have caught, yet they didn't... and it seems like because of that my quality of life has likely been permanently reduced.

But is it just tough luck, they did they're best, an understandable oversight, etc.? Or does this seem negligent? The last thing I want to do is get involved in a lawsuit, but if there's probable cause to do so here, I don't know...

Can evidence of concussions/mTBIs be conclusively found this long afterward?

Blah. Thanks so much to anyone who's managed to read through this, and any insights or anything really would be lovely. All the best.
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Old 05-05-2014, 01:00 AM #2
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To be blunt, your treatment by the doctors was not negligent. It may have been lacking a bit but that is par for the mTBI course. The negligence, in my mind is on your part. Drugs use, whether after a brain trauma or not is extremely negligent. You can not change your or the doctors past behaviors. You can only move forward. Clean up your life, get good brain nutrition, and work on each symptom individually.

If you brought this to an attorney, he would tell you than your drug use makes any claim worthless.

Tell us about your ongoing symptoms and hopefully, we can help you move forward. Take personal responsibility for your recovery and you will do much better.

My best to you.
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Old 05-05-2014, 01:02 AM #3
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I have know knowledge of the law, but your situation is painfully similiar to mine.

I fell around the same age, about a year and a half in, except I fainted and they focused on the cause of fainting and I was complaining of headache and such and they never thought to explain concussion or anything along those lines.

Furthermore I then a few days later went to another doctor who diagnosed me with a concussion and told me to, "not hit your head too hard in the next few days", so I continued exercising regularly, playing sports, and it progressively got worse.


I think it would be hard to prove negligence, especially when it would be the word of an esteemed medical professional against a potentially brain injured patient.

I've lost trust in most doctors.
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Old 05-05-2014, 11:25 AM #4
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You made a reference to a "prime minister." Are you Canadian?

I only ask because it is extremely difficult to sue doctors in that country.

Like Thomas, my TBI/MVA left me with ZERO confidence in the medical establishment. The treatment I received was horrendous by any standard. Some of it was incompetence, some of it was a reflection of the insurance industry's influence over doctors.

I wish I could be more encouraging, but my experience with doctors and lawyers (it took YEARS to litigate an MVA, where I had NO liability) tells me otherwise. On the plus side, you didn't sustain your TBI in an MVA. In some provinces MVA victims' potential payouts are capped at ridiculously low levels.

Still, I'm not, thank God, a lawyer. Perhaps the best thing you could do is sit down with a personal injury lawyer for a consultation. The first one is usually free.

However, even if they are willing to take you on a "we collect our fee when/if we win" basis, remember that fee represents only their percentage of the settlement. They will still bill you - win or lose - for all of their "administrative" costs. Lawyers must make photocopies on gold leaf, because my admin bill was ENORMOUS.

Needless to say, when all was said and done, there wasn't much of my settlement left for me.
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Old 05-05-2014, 11:59 AM #5
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My suggestion is to call a personal injury lawyer and have this discussion if for no other reason than to know for sure whether you have a reasonable case or not.

As already mentioned, the first meeting is free and you can verify this during your phone call to them.

But better to have the meeting with them and find out you have no case or do have a case, than to always wonder. Best to find out and then put it out of your mind and move forward.

Edited to add... don't delay forever, there are time limits on how long you can pursue these things. For many accidents in Canada, the time limit is 2 years. Not sure if that applies to malpractice or not though, but best to investigate sooner than later regardless.

Best of luck to you.
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Old 05-05-2014, 12:52 PM #6
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You said "I guess that's what my concerns come down to. Knowing now the typical regimen of REST, REST, REST, NO STRESS, DRUGS, NO EXERTION, etc. for brain-injury treatment, I now feel horrible reflecting on my life in that crucial recovery period. Had I and my family known that I'd almost inevitably suffered some kind of brain injury, we would have absolutely ensured that I adhered to this typical treatment plan as well as possible for as long as necessary. Lacking that, I fear I've caused permanent damage and lost vital opportunities to recover. This really, really seems like something a neurologist should have caught, yet they didn't... and it seems like because of that my quality of life has likely been permanently reduced."

The only thing you lost is time. You "may" have delayed or prolonged your recovery. Your recovery has not been limited by the lack of recommendations to rest, no stress, drugs and exertion.

It is difficult enough to win in a mTBI law suit where there is a driver who was negligent. Trying to say that doctors 'injured' you by not giving your good advice is next to impossible, unless you suffered a specific injury that can be tied to the doctor's advice.

Your current condition can be blamed on your personal behaviors, drugs, etc. Doctors are not responsible to tell a minor to not drink or use drugs, even if he has had a suspected brain injury.

Go ahead and ask a Malpractice Attorney, if you can even get one to listen to you. Wrongful Death, surgical errors, medication errors may be able to be litigated. Your recovery is too undefined to even start to point blame at anything other than your original injury and maybe your behavior after the injury. It sounds like there is not even an understanding as to why you had the seizure.

Move on with your life. Don't get stuck in a stressful blame game. Instead, try to find solutions to your current symptoms, whether they be treatments or learning work-arounds.

Get your life on a healthy track with vitamins, supplements and clean living. Your injured brain needs clean living.

btw, Many doctors will treat patients the same way you were treated. Others on this forum can attest to that.

My best to you.
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Old 05-12-2014, 02:29 AM #7
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Thanks for all the responses. Sorry for this belated response, it's pretty emotionally trying to think about and discuss this whole situation in depth and I spend a good deal of time trying to distract myself from acknowledging it... Probably won't reply to everybody at great length as I don't really have the stamina to coherently do so...

I guess this was more about letting off steam than genuinely thinking there was much to this, as it's such a very area. Even if the situation were cut and dry I doubt I'd have the emotional wherewithal or financial means to pursue it.

Edit: aaaargh, I just wrote a pretty lengthy response here but of course I'd been logged out or somethinf by the time I went to post it, what the heck is with Vbulletin... I'll type it up again later once my brain has recharged...

Last edited by Puppeteer; 05-12-2014 at 03:54 AM.
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Old 05-12-2014, 11:23 AM #8
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In my experience in talking with medical health professionals, it doesn't seem like most of them know much about concussions (and whiplash) other than what the symptoms are and that most people recover in a matter of days or a few weeks.

My sense isn't that this is because of negligence, but because there really are a lot of unknowns with concussions.
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Old 05-12-2014, 11:39 AM #9
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Quote:
Originally Posted by mushybrains View Post
In my experience in talking with medical health professionals, it doesn't seem like most of them know much about concussions (and whiplash) other than what the symptoms are and that most people recover in a matter of days or a few weeks.

My sense isn't that this is because of negligence, but because there really are a lot of unknowns with concussions.
As TBI is the number one disabler of Canadians under forty, doctors need to be taught a heck of a lot more about it in medical school. Many don't even recognize common symptoms.
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Old 05-12-2014, 11:55 AM #10
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Quote:
Originally Posted by Hockey View Post
As TBI is the number one disabler of Canadians under forty, doctors need to be taught a heck of a lot more about it in medical school. Many don't even recognize common symptoms.
Yes.

If they can't see it on an x-ray or a blood test, they're not interested.

Just a little bit more rest and you should get better, they say. Besides, apparently I *seem* normal to everybody else...
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