Determining the extent of a disability can be difficult. Though there are a variety of tests, including physical, mental, emotional, and neurological benchmarks, figuring out the exact limitations for any particular person is still an arduous process, particularly for the person being assessed. Being put through a battery of assessments only to discover that your diagnosis does not fit your own perception of your abilities is extremely frustrating.
Unfortunately, the range of tests used leaves significant wiggle room for individuals and institutions with a vested interest in understating the extent of the disability. A recent investigation by the Boston Herald determined that the local VA mishandled 1 out of every 6 Traumatic Brain Injuries referred to their facility, despite repeated warning and guidelines from regulators.
Whenever an incident like this occurs, determining whether it was negligence, intentional malfeasance, or incompetence can be extremely difficult. Not everyone will ever agree, but a full investigation is often necessary to make that determination. Unfortunately, getting a business or government entity to conduct the necessary investigation can be exceedingly difficult.
it is natural that your first instinct is to trust the diagnoses of doctors, physical therapists, psychologists, and other experts. But sometimes, what you are experiencing does not conform to what you are being told, and you need to ask additional questions. This can be especially true if these experts are paid by an insurance company or other entity with a vested interest in the outcome.
But knowing where to direct questions can be an elusive process. Even determining who has oversight can be difficult. Hospitals have different regulatory requirements than individual medical providers. The medical system can be a labyrinthine mess at the best of times, and for a person who has suffered a significant injury, finding the stamina to pursue justice can be impossible.
If you or someone you love has suffered a brain injury, proper treatment is important, and this requires proper diagnosis and a reasonable prognosis. If the system has failed you, please retain an experienced attorney to evaluate your case and help you obtain the answers you need.