Covid-19
The safety and health of our community come first. In these extraordinary times we are working remotely most days.

But we are working—working to advocate for our clients and protect their rights. You can reach us by phone and email, just like always. Please don’t hesitate to reach out if you have any questions or concerns, or if you have a situation where we might be able to help.

200+ years

of personal injury
EXPERIENCE
on your side

Photo of the attorneys at Young Ricchiuti Caldwell & Heller, LLC

Overcoming Common Defenses In Traumatic Brain Injury Cases (Part VI)

On Behalf of | Oct 30, 2017 | Firm News, Traumatic Brain Injury

Preparing for the Defense Medical Examination

For a truthful client who is doing the best he can to put his life back together, defense medical and neuropsychological examinations pose no special difficulties. I always make sure clients are aware their first and primary job is to tell the truth, and to put forth their best effort. It’s always a good idea to remind clients that defendants and their experts have a variety of tools available to tell whether they are exaggerating or feigning anything, so don’t even try it. (I generally don’t tell them what these tools are.)

I also remind clients that denying the presence of a complaint or a problem, when that complaint or problem is in fact present, is another way of not telling the whole truth. For some clients, this is a short and simple conversation. For other clients – such as, for example, clients whose resilience is built at some level on robust denial of their problems – this can require a much longer and more careful conversation. I don’t want to be the bearer of bad news, but I also cannot allow my clients to tell less than the whole truth about their condition and capabilities.

Some clients prefer to have a handwritten record of their medications, their medical history, or their problems with them. I always encourage these if the client prefers to approach it that way. No jury is going fault a brain-injured client for needing truthful reminders of a litany of details.

By the same token, I also tell clients that they are not required to be the definitive chroniclers of their entire medical history. That’s what medical records are for. I cannot think of anything less convincing, to a defense medical examiner or to a jury, than a witness who rattles off a treatment timeline that is an obvious product of rote memorization.

FindLaw Network

It Won’t Cost You Anything To Take The Next Step

Start Your Free, No-obligation Case Review