Treatment and Rehabilitation

While our goal as attorneys is to achieve a financial recovery for clients who have suffered a traumatic brain (TBI) or other serious personal injury, at Van Blois & Associates, we understand that our clients' first and foremost consideration is having access to the best possible medical care for their condition.  We concentrate on ensuring that paying for proper treatment and rehabilitation will not be an issue, so that our clients can focus on their physical recovery.

Just as brain injuries are classified as mild, moderate, or severe, treatment for TBI is likewise categorized into several different levels.  While nearly every case involving moderate to severe TBI will require lengthy and expensive treatment to provide the patient with the best possible quality of life, increased cost is directly proportionate to increased levels of treatment.

Time is of the essence regarding care and treatment in a TBI case.  From emergency treatment to rehabilitation, having access to quality care and the proper courses of treatment and therapy as soon as possible can make an enormous difference.

Acute Care

The first course of treatment in a severe injury is emergency treatment designed to save the patient's life, beginning at the scene of the accident and continuing in an emergency room at a local hospital or major trauma center.  The goal of acute care is to repair the damage as much as possible and to prevent further injury from occurring.  This will involve measures to stop bleeding and often require extensive emergency surgery.  Initial diagnostic tests, such as x-rays and CT scans, will also be performed to evaluate the extent of the damage.

Once the patient is stable enough for further treatment, acute treatment at a hospital or other major medical facility will be conducted.  Further surgeries may be required, for instance to remove bone fragments or the buildup of fluids which are pressing on the brain.  Following surgery, most patients will be monitored in an intensive care unit, where nursing caseloads are smaller and patients can be closely monitored for post-operative infections or other complications, and given sensory stimulation to evaluate their condition and help induce recovery.

If the hospital has a neurological unit, TBI patients will be transferred there, where care is overseen by neurologists and neurosurgeons.  Depending upon the length of the patient's stay, physical therapy may begin to minimize the loss of muscle mass and other complications connected with extended periods of unconsciousness or immobility.

Rehabilitation

While brain damage is often thought of as irreversible, a great deal of lost function can be restored through systematic, intensive therapy.  The initial phase of rehabilitation may take place in a rehabilitation unit or wing of the same hospital, or the patient may be transferred to a specialty hospital or rehabilitation facility. 

A patient's rehabilitation is overseen by a specialist known as a physiatrist.  A physiatrist is a medical doctor who specializes in diagnosis, pain management, and rehabilitative care through exercise and physiotherapy.  Generally, the physiatrist leads a team of specialists in directing the patient's care.  While the makeup of the team will differ according to the nature of the injury, the team will typically include physical therapists, occupational therapists, speech therapists, neuropsychologists, and social workers.  These professionals will help with every aspect of daily living, including improving motor and cognitive function and learning new strategies to cope with challenges brought about by the injury.

Generally speaking, most progress in recovery from a brain injury takes place within the first six months, although significant improvement can still be made up to two years after the injury.  However, at some point, usually within a few months, progress is slowed to the point where the patient is discharged from the rehabilitation hospital.  Nevertheless, some level of continuing care and treatment will likely be in order.

Depending upon the patient's condition, the patient may be transferred to a residential facility where rehabilitation and life skills training are provided on a daily basis.  Alternatively, the patient may be discharged and receive outpatient services at a therapist's office or day treatment center, or through the provision of home-based services.  If full-time care is needed, the patient may relocate to a skilled nursing facility or residential nursing facility, depending upon whether continued therapy is likely to achieve results.  A patient may also be discharged to the care of family members at home, with the assistance of professionals for specific services.  Where family members are the primary caregivers, respite care is often available to provide a break.

Latest Research/Promising Treatments

A great deal of research into TBI is constantly underway at universities and medical facilities around the world.  An interesting theory which has recently been tested involves the inducement of hypothermia in the idea that the slower metabolism brought on by the lower body temperature will slow or prevent further neurologic damage and possibly improve recovery.  Another recent study showed improvement in patients who received progesterone therapy following the injury, which initially lowered intracranial pressure and improved mortality rates overall.  These studies and others involving the use of various medications and devices offer hope across the board for patients with mild, moderate, and even severe TBI. 

Sources of payment

The course of treatment and rehabilitation for victims of TBI is lengthy, and costs are considerable.  Medical expenses alone can easily range into the hundreds of thousands of dollars in the first year, and lifetime medical expenses number in the millions.  These figures do not even take into account lost earnings and other direct economic expenses.  Anxiety over the ability to pay for treatment merely adds to the stress of this most difficult time.

Fortunately, there are many different avenues to pursue for medical payment.  If you have decent health insurance coverage in place at the time of the injury, most of your bills will go straight to the insurance company, and you will only be required to pay deductibles and co-insurance at a later date.  Keep in mind that some policies will require you to seek pre-certification of surgeries and procedures, and benefits may vary depending upon which doctor or facility you choose.  Another important point is that many policies will include a right to reimbursement, meaning that if you obtain a settlement or recovery in court, you may have to repay your health insurance company for the benefits it paid out.

Besides health insurance, you may have other insurance that includes medical coverage.  If you were injured in an automobile accident, for example, your car insurance may cover some portion of your medical expenses.  Homeowners' policies or umbrella policies are other types of coverage which may be available if applicable.  You may also be entitled to government benefits, such as workers' compensation if you were injured on the job.  Social security disability (SSD), ERISA, Medicare, and Medicaid also pay benefits or cover medical expenses for those who are eligible.

If you were injured due to the negligence of another or by a defective product, that person or company responsible is likely covered by liability insurance.  Often when dealing with a negligent person or corporation, whether in settlement talks or in a courtroom, the entity you are dealing with directly is the insurance company, who are liable for your present medical expenses, as well as a range of other recoverable damages, including future medical expenses, present and future lost wages, and emotional pain and suffering.  This is especially important in cases of TBI, where future losses and emotional distress are likely to be significant.

The lawyers at Van Blois & Associates have been representing victims of catastrophic personal injuries, including TBI, for over 40 years.  If you or a loved one has suffered a traumatic brain injury, contact Van Blois & Associates today to help ensure you receive the highest quality treatment and rehabilitation available for your injuries.