The effective brain injury lawyer must first learn to understand the medical literature relating to a mild traumatic brain injury before they can effectively represent their client. By doing so, you will not only be a better advocate for your client, but increase the possibility of a fairer resolution for your client. this slideshow is to help you look at some ways to incorporate the use of medical literature into your case in order to be a better advocate for your client.

1. HOW TO FIND AND EFFECTIVELY USE MEDICAL LITERATURE
IN A MILD TRAUMATIC BRAIN INJURY CASE
Edward K. Le
Edward K. Le, PLLC
135 Park Ave N.
Renton, Wa 98056
425 336 2255
www.edwardkle.com
edward@edwardkle.com

2. WHY USE MEDICAL LITERATURE IN YOUR
MTBI CASE?

3. BOLSTER CREDIBILITY
& MAKE JURORS
RECEPTIVE TO YOUR
CASE

4. BOLSTER CREDIBILITY
OF YOUR EXPERT

5. ATTACK CREDIBILITY
OF THE OPPOSING
MEDICAL EXPERT

6. SHIFT PARADIGM OF
JUROR BELIEFS &
HEURISTIC SCHEMAS

7. HELP YOU WIN YOUR
CASE BY PROVING
YOUR POINTS

8. WHERE TO FIND THE MEDICAL
LITERATURE

9. FROM YOUR MEDICAL
EXPERT

10. FROM THE DEFENSE
MEDICAL EXPERT

11. FROM JOURNALS THAT
ARE UNIVERSALLY
RECOGNIZED

12. • New England Journal of Medicine: https://cdf.nejm.org
• American Medical Association: http://www.ama-
assn.org/ama
• American Academy of Neuropsychology: https://theaacn.org/
• American Academy of Neurology: https://www.aan.com/
• Journal of Neurosurgery: http://thejns.org/

13. FROM GOVERNMENT
FUNDED SCIENTIFIC
AGENCIES &
ORGANIZATIONS

14. • Center for Disease Control: http://www.cdc.gov
• National Institute of Neurological Disorders:
http://www.ninds.nih.gov
• National Rehabilitation Information Center
http://www.naric.com/
• National Institute of Health: https://vsearch.nlm.nih.gov
• US Veterans Administration: http://www.publichealth.va.gov

15. HOW TO USE THE MEDICAL LITERATURE

16. SHARE IT WITH YOUR
MEDICAL EXPERT &
HAVE THEM VET IT FOR
AUTHORITATIVENESS

17. EDUCATE YOUR CLIENT
ABOUT HIS TBI
MOST PATIENTS ARE NOT SELF-
AWARE OF COGNITIVE DEFICTS
UNTIL OTHERS TELL THEM

18. ASSIST AND GUIDE PATIENTS TO UNDERSTAND THEIR T.BI.
AND HELP DIRECT THEM ON PATH TO RECOVERY

19. REBUT AND DEBUNK
THE DEFENSES

20. GET ADMISSIONS AND
CONCESSIONS FROM
THE DEFENSE EXPERT

21. ASK DEFENSE EXPERT TO LOOK AT ARTICLE TO EITHER
CONCEDE OR DENY THE POSITIONS TAKEN IN THE ARTICLE

22. Q. Doctor, as a neurologist, are you familiar with the Center for
Disease Control?
Q. Would you recognize the CDC as an eminent authority in the
research and treatment of certain disease and pathology?
Q. Are they considered an authoritative source to investigate the
pathophysiology and epidemiology of a disease and its effect on the
general population?
Q. Do you consider them an eminent authority on research in the field
of traumatic brain injury?

24. Do you agree with their findings regarding the following:
• That most patients with MTBI have normal MRI and CT Scan
• It is an invisible injury and you would not be able to recognize a
person with MTBI on the street
• That MTBI can cause profoundly cause disability to individuals
• That MTBI can often permanently alter a person’s vocational
aspirations and have profound effects on social and family
relationship

26. • That many people with MTBI have difficulty returning to their
routine and may be unable to return to work for months;
• That although a person does not lose consciousness, he or she can
sustain a TBI;
• That TBI, including all levels of severity such as an MTBI, can be a
major cause of disability in the US;
• That one of the hallmarks for prolonged recovery from an MTBI is
the presence of complicating factors such as Depression, Chronic
Pain, Dizziness, PTSD, or persistent somatic complaints

28. • That many patient with MTBI have depression
• That the more comorbities the person has, the greater the
likelihood that he or she will have persistent and ongoing post-
concussive symptoms

30. ACCORDING TO CDC & NIH, PERSISTENT POST-CONCUSSIVE SYNDROME WILL IMPACT
EVERY ASPECT OF A PERSON’S LIFE
Functionality
Ongoing Medical
Care Needs
Quality of Life
Earlier Nursing
Home Enrollment
Activities of
Daily Living

31. ACCORDING TO CENTER FOR DISEASE CONTROL, PEOPLE WITH MILD BRAIN
INJURY MAY EXPERIENCE ACCELERRATED COGNITIVE AND FUNCTIONAL
DECLINE WITH AGE

32. IF THE OPPOSING EXPERT CHALLENGES RELIABILITY OR
AUTHORITATIVENESS OF YOUR MEDICAL LITERATURE
SHOW HOW HIS OR HER POSITION IS AGAINST
MAINSTREAM BELIEF OF MOST OTHER DOCTORS

33. • “Were you aware that this study was quoted and referenced by the CDC in
their report to the US Congress?”
• “Would the CDC quote from junk science or any research that is less than
authoritatively recognized by the medical community?”
• “This article was also quoted in PubMed as having 10,000 citations to it,
were you aware of that?”
• “Yet, as a self-professed expert in traumatic brain injury who’s been
practicing for 10 years, you never heard of this article, right?

34. FINAL TIPS

35. DON’T JUST CHOOSE
ANY LITERATURE THAT
YOU FIND
PICK ONLY THE BEST

36. HAVE YOUR EXPERT
AUTHENTICATE IT
FIRST SO YOU CAN USE
IT THE REMAINDER OF
TRIAL

37. MOVE FOR JUDICIAL
NOTICE OF THE
LITERATURE YOU LIKE
TO USE

38. ABOVE ALL ELSE

39. Email: Edward@edwardkle.com
https://www.linkedin.com/in/edwardkle
https://plus.google.com/+EdwardKLePLLCRenton
https://www.facebook.com/EdwardKLePLLC
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