The ER May Have Missed Your Mild Traumatic Brain Injury Diagnosis
Studies estimate 40–50% of mild TBI patients leave the ER without a documented TBI diagnosis. You may still have a valid claim. Here's why.
By Attorney Dan D'Angelo
Trial Lawyer · Brain Injury Advocate · Avid Cyclist
Even if you did not receive a traumatic brain injury diagnosis at the ER, you may still have suffered a TBI and have a valid claim for injuries and compensation.
Several studies have estimated that 40% to 50% of patients with mild traumatic brain injuries who go to a hospital emergency department do not receive a documented TBI diagnosis. This can be for many reasons such as ERs prioritize patient care for the most life-threatening conditions, i.e. the principle of treat first what kills first approach, inadequate clinical assessment, or because a TBI patient is not a reliable historian of the events and their injury.
We've actually seen this occur in some of our own cases and were still able to successfully advocate for our clients, and in some cases still recover millions for their brain injury. We understand these nuances about the difficulties of brain injury diagnosis that enables us to strongly advocate for our clients' legal rights even in the less than typical TBI case.
Frequently Asked Questions
How common is a missed mild TBI diagnosis in the ER?
Very. Studies estimate 40% to 50% of mild TBI patients seen in an emergency department leave without a documented TBI diagnosis. ERs prioritize the most life-threatening injuries first, clinical assessments can be inadequate, and a brain-injured patient is often not a reliable historian of what happened.
Can I still have a case if the ER missed my brain injury?
Yes. We've seen this in our own cases and still recovered for clients whose TBIs were not diagnosed in the ER. A missed diagnosis reflects the difficulty of diagnosing brain injury — not the absence of one — and we have experience proving the injury without a diagnosis in the ER. Every case is different and past results don't guarantee this for every case. The thing is to know is that not getting a TBI diagnosis at the ER does not mean a brain injury did not occur.
Have a question about your case?
Attorney Dan D'Angelo offers free consultations for brain injury and cycling accident victims throughout Colorado.
About the Author
Attorney Dan D'Angelo
Trial Lawyer · Brain Injury Advocate · Avid Cyclist
Attorney Dan D'Angelo founded D'Angelo Law Office, P.C. in 2009 and Bike Brain Law to focus exclusively on traumatic brain injury and cycling injury cases in Colorado. An avid cyclist himself, Dan combines deep TBI science knowledge with hands-on cycling experience to build winning cases against insurance companies and corporations that put profits over safety.
- Practicing Colorado personal injury attorney since 2009
- Focused practice in TBI and bicycle injury litigation
- Multi-million dollar settlements and verdicts for injury victims
- Avid road and commuter cyclist
Related articles
You don't want to rely on a chatbot about concussion and traumatic brain injury related medical questions or for your insurance claim
Three reasons the fear of being judged shouldn't delay or stop you from hiring a lawyer for your personal injury case.
