Victim's Brain Injury Unrecognized

While Arizona Rep. Gabrielle Giffords received the utmost in care and rehabilitation to recover from her traumatic brain injury (TBI), Marilyn, and countless others like her, didn't fare so well. She is cognizant enough, however, to know that her treatment was unfair and woefully inadequate.

Marilyn was involved in a vehicle accident many years ago: she was rear-ended, which was the other driver's fault. She got out of her car and couldn't remember anything. "I couldn't even remember the numbers—911—to call the police," says Marilyn. "Fortunately a police officer arrived at the accident scene within minutes and advised me to go to the hospital."

Unfortunately, Marilyn didn't see the need to seek medical treatment so she carried on to her accountant. "When I got to his office I couldn't read anything, and I definitely couldn't figure out my taxes, it was like I was dyslexic," she says. "So I phoned my doctor and they told me to take a taxi over to the immediate care clinic, which I did. Then the doctor at the clinic told me to go to hospital immediately because I had a concussion.

"I asked a few questions to the doctor in ER but I didn't get many answers. I asked if you can get early dementia from a TBI. I was so worried about not remembering simple things like the 911 number. He said that yes, it is possible.

"Meanwhile, the doctors just told me to go home and get a lot of rest. At the time I wanted to see a neurologist but my family doctor wouldn't refer me—back in those days (the accident happened several years ago), if you couldn't see something, it didn't exist. So my brain injury was pretty much ignored.

"I am an artist and shortly after my brain injury I was asked to show my work at the local university. I didn't do well. Someone came up to me and said, 'You should come to our group—a support group for brain injuries at the local hospital.' But I was scared and I didn't want to face anything."

Marilyn had the good sense to know that she couldn't help herself unless she joined the brain injury support group. She has been attending meetings every month for the past three years. "It is like one big family," Marilyn explains. "About 25 people get to vent the same problems, such as how we can't remember anything, and we are all accepted. Sometimes speech pathologists and university students wanting to study the brain attend our meetings—I really look forward to it."

Marilyn says that her facilitator from the brain injury group is also trying to sort out her legal problems. Marilyn filed a lawsuit against the driver who rear-ended her, but she lost the case. According to Marilyn, the doctor who diagnosed her was never called to the jury trial. Instead, her chiropractor took the stand but the jury didn't believe him: Marilyn also suffered from whiplash. "My facilitator also took the stand but they didn't even ask her credentials; the jury determined that she was my friend…"

Marilyn then filed a legal malpractice suit, which is pending. "I've been told that I will never get my memory back," adds Marilyn. "And a brain injury person has to keep saying and reading the same things over and over again, everything is repetitive and even then I sometimes don't get it right. Because of this accident, my life turned upside down, and I'm on social security disability. I am not expecting a windfall from a lawsuit, but I would like people to become more educated and aware of traumatic brain injury, about how it can go unnoticed."

Victim's Brain Injury Unrecognized

Brain Injury Legal Help

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