HOW TO FIND AND EFFECTIVELY USE MEDICAL LITERATURE IN A MILD TRAUMATIC BRAIN INJURY CASE

Edward K. LeEdward K. Le, PLLC

135 Park Ave N.Renton, Wa 98056

425 336 2255www.edwardkle.comedward@edwardkle.com

WHY USE MEDICAL LITERATURE IN YOUR MTBI CASE?

BOLSTER CREDIBILITY & MAKE JURORS RECEPTIVE TO YOUR CASE

BOLSTER CREDIBILITY OF YOUR EXPERT

ATTACK CREDIBILITY OF THE OPPOSING MEDICAL EXPERT

SHIFT PARADIGM OF JUROR BELIEFS & HEURISTIC SCHEMAS

HELP YOU WIN YOUR CASE BY PROVING YOUR POINTS

WHERE TO FIND THE MEDICAL LITERATURE

FROM YOUR MEDICAL EXPERT

FROM THE DEFENSE MEDICAL EXPERT

FROM JOURNALS THAT ARE UNIVERSALLY RECOGNIZED

• New England Journal of Medicine: https://cdf.nejm.org

• American Medical Association: http://www.ama-assn.org/ama

• American Academy of Neuropsychology: https://theaacn.org/

• American Academy of Neurology: https://www.aan.com/

• Journal of Neurosurgery: http://thejns.org/

FROM GOVERNMENT FUNDED SCIENTIFIC AGENCIES & ORGANIZATIONS

• Center for Disease Control: http://www.cdc.gov

• National Institute of Neurological Disorders: http://www.ninds.nih.gov

• National Rehabilitation Information Center http://www.naric.com/

• National Institute of Health: https://vsearch.nlm.nih.gov

• US Veterans Administration: http://www.publichealth.va.gov

HOW TO USE THE MEDICAL LITERATURE

SHARE IT WITH YOUR MEDICAL EXPERT & HAVE THEM VET IT FOR AUTHORITATIVENESS

EDUCATE YOUR CLIENT ABOUT HIS TBI

MOST PATIENTS ARE NOT SELF-AWARE OF COGNITIVE DEFICTS UNTIL OTHERS TELL THEM

ASSIST AND GUIDE PATIENTS TO UNDERSTAND THEIR T.BI. AND HELP DIRECT THEM ON PATH TO RECOVERY

REBUT AND DEBUNK THE DEFENSES

GET ADMISSIONS AND CONCESSIONS FROM THE DEFENSE EXPERT

ASK DEFENSE EXPERT TO LOOK AT ARTICLE TO EITHER CONCEDE OR DENY THE POSITIONS TAKEN IN THE ARTICLE

Q. Doctor, as a neurologist, are you familiar with the Center for Disease Control?

Q. Would you recognize the CDC as an eminent authority in the research and treatment of certain disease and pathology?

Q. Are they considered an authoritative source to investigate the pathophysiology and epidemiology of a disease and its effect on the general population?

Q. Do you consider them an eminent authority on research in the field of traumatic brain injury?

Do you agree with their findings regarding the following:

• That most patients with MTBI have normal MRI and CT Scan

• It is an invisible injury and you would not be able to recognize a person with MTBI on the street

• That MTBI can cause profoundly cause disability to individuals

• That MTBI can often permanently alter a person’s vocational aspirations and have profound effects on social and family relationship

• That many people with MTBI have difficulty returning to their routine and may be unable to return to work for months;

• That although a person does not lose consciousness, he or she can sustain a TBI;

• That TBI, including all levels of severity such as an MTBI, can be a major cause of disability in the US;

• That one of the hallmarks for prolonged recovery from an MTBI is the presence of complicating factors such as Depression, Chronic Pain, Dizziness, PTSD, or persistent somatic complaints

• That many patient with MTBI have depression

• That the more comorbities the person has, the greater the likelihood that he or she will have persistent and ongoing post-concussive symptoms

ACCORDING TO CDC & NIH, PERSISTENT POST-CONCUSSIVE SYNDROME WILL IMPACT EVERY ASPECT OF A PERSON’S LIFE

Functionality

Ongoing Medical Care Needs

Quality of Life

Earlier Nursing Home Enrollment

Activities of Daily Living

ACCORDING TO CENTER FOR DISEASE CONTROL, PEOPLE WITH MILD BRAIN INJURY MAY EXPERIENCE ACCELERRATED COGNITIVE AND FUNCTIONAL

DECLINE WITH AGE

IF THE OPPOSING EXPERT CHALLENGES RELIABILITY OR AUTHORITATIVENESS OF YOUR MEDICAL LITERATURE

SHOW HOW HIS OR HER POSITION IS AGAINST MAINSTREAM BELIEF OF MOST OTHER DOCTORS

• “Were you aware that this study was quoted and referenced by the CDC in their report to the US Congress?”

• “Would the CDC quote from junk science or any research that is less than authoritatively recognized by the medical community?”

• “This article was also quoted in PubMed as having 10,000 citations to it, were you aware of that?”

• “Yet, as a self-professed expert in traumatic brain injury who’s been practicing for 10 years, you never heard of this article, right?

FINAL TIPS

DON’T JUST CHOOSE ANY LITERATURE THAT YOU FIND

PICK ONLY THE BEST

HAVE YOUR EXPERT AUTHENTICATE IT FIRST SO YOU CAN USE IT THE REMAINDER OF TRIAL

MOVE FOR JUDICIAL NOTICE OF THE LITERATURE YOU LIKE TO USE

ABOVE ALL ELSE

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