Neurolitigation of the MTBI case without loss of consciousness: Using somatic complaints to make your case

Abstract

In court lay juries, not medical specialists in the rehabilitation of patients with MTBI, decide whether the plaintiff's alleged suffering and disability are real or fake, and if they resulted from cranio-cerebral trauma or from another cause for which the defendant is not responsible. This article looks at the ingrained bias of jurors against accepting that a person was brain injured if he did not suffer LOC and has a negative CT/MRI. It suggests ways of using somatic complaints causally associated with concussion in the absence of LOC or positive neuroimaging, to help MTBI patients obtain the compensation they deserve and need for neurorehabilitation.