In the complex world of personal injury law, every detail matters. One of the most important aspects of a case revolves around evaluating and analyzing injuries sustained in an accident. Undervaluing and misunderstanding injuries in personal injury cases can lead to
significant losses, especially when dealing with insurance companies.
Insurance companies have strategies to mitigate payouts or avoid total liability in personal injury cases. A well-known tactic they use is questioning the severity of the client’s injuries. This tactic
aims to reduce the amount of compensation for medical expenses, pain, and suffering. Additionally, insurance companies employ skilled adjusters and legal teams who deploy software and other technologies to negotiate and navigate medical-legal nuances. Each personal injury case requires sophistication, experience, and a well-rounded understanding of the client’s sustained injury. Personal injury attorneys have an advantage when they conduct thorough investigations, gather complete medical evidence, negotiate assertively, and work with
the right medical experts. Legal nurse consultants act as liaisons between medical professionals and legal teams by translating complex medical jargon into understandable terms and explaining medical procedures, conditions, and the impact of injuries on each client individually. No amount of artificial intelligence and technological advancement can replace the careful eye of a registered nurse with years of hands-on clinical experience and medical-legal education.
Here is how a legal nurse consultant maximizes damages in a personal injury case:
Comprehensive Review of Medical Records
- Interpret complex information
- Convert dense medical records into easy-to-read reports highlighting need-to-know
information - Identify crucial details that support or hurt a case
- Highlight symptoms and treatment that accompany the sustained injury
Assessment of Causation and Damages
- Establish a clear connection between the accident and the injury, including flushing out
where there is a gray area on pre-existing conditions - Explaining future care needs and further rehabilitation
- Understand the extent and severity of injuries that ultimately affect the client’s prognosis
and potential long-term implications.
Case Study
On 01/23/2018, Mr. X, a 23-year-old man, was on his way to work when he was involved in a severe motor vehicle accident. A pickup truck ran a red light and T-boned his compact car at approximately 60 miles per hour.
Emergency medical services were called, and Mr. X had to be extricated from the vehicle with a Jaws of Life hydraulic apparatus used to pry apart the wreckage of crashed cars to free trapped people. His vehicle had airbag deployment, severe damage, and intrusion. The steering wheel column was broken, and the windshield had starring. Starring indicated he had severely impacted the steering wheel and hit his head on the windshield.
Grade IV Splenic Injury:
Mr. X became medically unstable due to internal bleeding from his splenic laceration and required an emergent STAT splenectomy [removal of the spleen]. During surgery, the trauma surgeon noted
approximately 2 liters of blood in his abdomen, and two units of packed red blood cells were administered. Mr. X was then transferred to the surgical ICU for monitoring.
Mr. X was admitted for over a week, where he was rehabilitated and required intensive physical therapy and medical care. Mr. X made enough progress to be discharged; however, he would require around-the-clock home healthcare services and physical and occupational therapy until further notice. Mr. X was also instructed to follow up with medical providers to do a postsplenectomy check, receive updated vaccinations, and follow up as needed
Understanding the Long-Term Implications of Splenectomy and Maximizing Damages
Quality of Life and Impact on Activities of Daily Living:
Before the accident, Ms. X was an active young man with a vibrant social life. At discharge, he would require around-the-clock care and require maximum assistance he didn’t otherwise need since the accident. Given his extensive injuries, his recovery time would impact his activities of daily living in the long term.
Splenectomy:
The defense may argue that while Mr. X lost his spleen, it’s an organ you can live without and, therefore, will have no significant impact on his life. While it is true that the spleen is an organ you can technically live without and many individuals lead a healthy, everyday life, there are some important long-term implications to consider in Mr. X’s case.
Firstly, the spleen plays a vital role in the immune system (fighting infections), blood filtration (removing damaged red blood cells)blood storage, and hematopoiesis (production of red blood cells).
Without these functions, the body has a reduced ability to fight infections and respond to medical conditions such as:
- 1.) Infection risk: Mr. X will have to take extra precautions to reduce the risk of infection. A simple cold or mild bacterial infection can become life-threatening. Although some patients may be given vaccines and vaccine boosters, the implications of taking extra precautions that would not have otherwise is a life-changing event, especially as active as Mr. X was.
- 2) Travel considerations: Mr. X was an avid traveler who often surfed and visited the beaches in South America. Due to a higher risk of infection than those with intact spleens, Mr. X would have to take extraordinary precautions with airport travel, being in close quarters, and possibly encountering diseases such as malaria. He would have to stop traveling altogether or be very selective regarding which countries he visits.
- 3) Treatment Plans: Nobody knows what medical diagnoses are in store for us in the future. A 24-year-old Mr. X is not considering the health needs of 70-year-old Mr. X. A splenectomy may influence how future treatment decisions are made for Mr. X, such as the use of antibiotics or other medications. This is important as it will impact his medical care during his lifetime.
By leveraging the expertise of Law Nurse Consulting, LLC, personal injury attorneys can better navigate the complexities of injuries and strengthen their client’s cases for rightful and maximum compensation.
References:
Thai LH, Mahévas M, Roudot-Thoraval F, Limal N, Languille L, Dumas G, Khellaf M, Bierling P, Michel M, Godeau B. Long-term complications of splenectomy in adult immune thrombocytopenia. Medicine (Baltimore). 2016 Nov;95(48):e5098. doi: 10.1097/MD.0000000000005098. PMID: 27902585; PMCID: PMC5134764.
Kristinsson SY, Gridley G, Hoover RN, Check D, Landgren O. Long-term risks after splenectomy among 8,149 cancer-free American veterans: a cohort study with up to 27 years follow-up. Haematologica. 2014 Feb;99(2):392-8. doi: 10.3324/haematol.2013.092460. Epub 2013 Sep 20. PMID: 24056815; PMCID: PMC3912973.
