The article, “Medical advances sharpen battles in brain injury cases,” discusses the advances in imaging technology and what it might mean for defense attorneys and plaintiffs in brain injury cases.
With newer tests, including diffusion tensor imaging (DTI), personal injury attorneys have a new variety of ways to prove the existence of traumatic brain injuries. Consequently, these advances require defense attorneys to be prepared to challenge the reliability of such tests with regard to causation. In the article, Grace points out that while the new tests may identify the existence of a brain injury, they still don’t tell you when the injury took place.
““Many of these [tests] can help identify whether there’s an abnormality, but they often can’t tell you when it occurred,” says Boston defense attorney Grace V.B. Garcia. For that reason, Garcia says it is critical for defense attorneys to fully explore whether the symptoms or deficits a plaintiff complains of might date from before the accident upon which a brain injury claim is based.”
Grace is quoted extensively throughout the article and provides insight from a defense perspective.
To view the entire article, please click here.