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How a Brain Injury Attorney Explains Brain Injury to a Jury

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Published on Jun 30, 2010

New York Brain Injury Lawyer Michael V. Kaplen discusses advances in medical techniques to objectively prove brain damage in court.

As brain injury attorneys, we are often called upon in court to show the jury if we can, the portion of our client's brain that was damaged.

Many difficulties arise, because while most brain images are able to show bleeding in the brain and fractures to the skull, the most common types of brain imaging studies, namely CT scans and MRI scans fail to detect the microscopic and chemical changes that take place in the brain following brain trauma and a concussion.

It is important for brain injury attorneys to understand that standard brain imaging techniques, CT Scans and MRI studies are not tests that show how the brain is functioning. It is only a picture of the brain and is not sensitive enough to show the brain damage that has taken place.

In fact, CT scans and MRI scans, can't even tell if the patient is awake or asleep, or even if the patient is alive or dead.

It is important for those who represent brain injury survivors to know that these imaging studies are not detailed enough to provide evidence of brain injury because of the limits of technology.

As is often said in medicine, Absence of proof, is not absence of injury

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