Traumatic brain injuries (TBI) are sadly a common occurrence among military service members. These injuries can have significant and lasting impacts on the health and well-being of the affected individuals, as well as their families. Navigating the legal and medical issues surrounding TBIs in the context of military service can be complex and challenging. In this post, we’ll dive deeper into the causes and effects of TBIs, the legal and medical issues involved, and strategies for navigating these issues.
Causes and Effects of Traumatic Brain Injuries
TBIs are typically caused by a blow or jolt to the head or body that disrupts the normal function of the brain. These injuries can range in severity from mild (concussions) to severe (penetrating injuries). Military service members are at an increased risk of sustaining TBIs due to their exposure to explosive devices, blasts, and other traumatic events.
The effects of TBIs can vary widely depending on the severity and location of the injury. Some common symptoms of TBIs include headaches, dizziness, confusion, memory loss, and changes in mood or behavior. More severe injuries can result in permanent disabilities such as cognitive impairments, motor dysfunction, and emotional disturbances.
Legal Issues
Military service members who sustain TBIs may face a number of legal issues related to their injury. These can include issues related to disability benefits, medical treatment, and legal liability.
·Disability Benefits
Service members who sustain TBIs may be eligible for disability benefits through the Department of Veterans Affairs (VA). The amount of benefits awarded will depend on the severity of the injury and the impact it has on the individual’s ability to work and perform daily activities. Navigating the process of applying for and receiving disability benefits can be complex and time-consuming, and may require the assistance of a legal professional.
·Medical Treatment
Service members who sustain TBIs may also face challenges in accessing appropriate medical treatment. The military health care system may not always have the resources or expertise necessary to provide comprehensive care for TBIs. In some cases, service members may be required to seek care outside of the military system, which can be expensive and may not always be covered by their insurance. Along with this, service members may face long wait times for appointments or referrals to specialists, which can delay the diagnosis and treatment of their injuries.
·Legal Liability
In some cases, service members who sustain a TBI may have legal recourse against the individuals or entities responsible for their injury. This might include claims against the manufacturers of faulty equipment, against the government for failing to warn of risks or provide adequate protection, or against other parties whose actions contributed to the injury. Pursuing legal action in these cases can be complex, and it’s important for service members to work with the assistance of a legal professional with experience in military and personal injury law.
Medical Issues
Navigating the medical issues that surround TBIs in the context of military service can also be challenging. These issues can include diagnosis, treatment, and long-term care.
·Diagnosis
Diagnosing TBIs can be tricky, particularly in the case of mild injuries. Service members may not immediately recognize the symptoms of a TBI and healthcare providers may miss the signs and fail to diagnose. In some cases, service members may not receive a diagnosis until some time has passed since the injury occurred.
·Treatment
Treating a TBI can also be challenging, especially in the case of more severe injuries. Treatment options may include surgery, medications, rehabilitation, and other therapies. The effectiveness of these treatments can vary depending on the severity and location of the injury, as well as other factors such as the age and overall health of the patient.
·Long-Term Care
Service members who sustain serious TBIs may require ongoing care and support for years or even the rest of their lives. This care may include medical treatment, rehabilitation, and assistance with activities of daily living. Navigating the complex healthcare system and accessing the resources necessary to provide long-term care can be a challenging process, especially for service members who have left active duty.
Resources for Veterans
There are a number of resources available specifically for service members who have sustained TBIs. These include the VA’s Polytrauma System of Care and the Defense and Veterans Brain Injury Center (DVBIC). These resources can provide specialist care and support for service members with TBIs, along with information and resources for navigating the legal and medical issues related to their injury.
If you or a loved one has sustained a TBI in military service, our experienced attorneys can help you navigate the complexities of your case. Contact us today:
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November 18, 2024