The brain is a complex and vital organ that shapes who we are. It allows us to understand questions and solve intricate problems. It produces our emotions while crafting our personalities and it helps us to live on both a biological and spiritual level. If the brain should experience damage then the essence of who we are could be lost forever. This is why traumatic brain injuries can cause grave damage to the life of its victim. 

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of whom don’t survive. While TBIs have differing levels of severity (ranging from mild to severe), they are usually caused by a simple injury to the head and/or neck.  Falls are the leading cause of TBIs, accounting for 28% of all TBIs, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency of TBI-related hospitalizations, which studies have shown effect over 280,000 people each year. There is a variety of causes of head injuries. TBIs result from open or closed head injuries, as well as deceleration injuries (also known as a diffuse axonal injuries), but the complexities of head injuries delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, and can do severe damage to the physical nature of the brain. A head injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian, Las Vegas Nursing Home. The impairments from a brain injury can affect speech, vision, coordination, short-term and long-term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible. 

For an injury as debilitating as TBI, prevention is essential. Luckily, prevention is not difficult. When driving, the best way to avert a TBI is by wearing a seatbelt and not being under the influence of alcohol. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. It’s also smart to always wear a helmet when riding a bike, thus reducing the risk of a head injury by almost 90%. If the right precautions are taken, the severity of TBIs can be reduced if not prevented.  

There is a lot that is still unknown about the inner workings of the human brain. However, what is known for certain is the life-changing affects that a TBI can have on its victims and their families as a result of irreversible damage to the function of the brain.

C. Donald Briggs, III, Esquire

Briggs & Counsel, LLC

Rockport Attorney C. Donald Briggs, III has been named to the list of New England “Super Lawyers” once again.  For the fourth year in a row the Michigan based publication “Super Lawyers” listed Don Briggs among the ranks of only 5 percent of the lawyers in Maine to receive this honor. 

Don Briggs is well known for helping Maine victims of car accidents, medical malpractice, and other personal injury negligence cases. Though he has handled thousands of personal injury cases in his career, Don is also known for his attitude that “Everyone’s injury is unique, and everyone deserves individualized legal services “. 

Don Briggs is one of only two board certified Civil Trial Advocates in Maine, and served as past president of the Maine Trial Lawyers Association.   

Though mindful that  even so called “minor” injuries can have a major impact on  hard working Mainers, Don Briggs often takes on the most catastrophic injury cases in the State of Maine.  He is a member of the Million Dollar Advocates Forum  and has been recognized as a Fellow by the National College of Trial Advocacy.

Attorney Briggs emphasizes that winning top compensation for Mainers’ injury cases requires a lawyer willing to stay on top of national litigation trends and legislation.    He goes the extra mile for Mainers as a State Delegate to the American Association for Justice, the leading national organization protecting ordinary Americans’ right to jury trial.  On the local level, Don Briggs is currently president of the Knox County Bar Association.

It is both shocking and sad when obvious nursing negligence occurs in Maine. For almost every nursing procedure, there is a standard way of performing the procedure that every Maine nurse is expected to know.

Take, for example, the common nursing procedure of placing a feeding tube in a patient’s stomach. If a patient cannot eat, the doctor will often write an order in the hospital chart telling the nursing staff that the patientis to receive nutrition by a tube that goes in through the nose, down the back of the throat and into the stomach.

Placing the tube is a nursing function that takes place on a routine basis. Sometimes the tube goes in easily, other times it can be difficult to pass the tube into the stomach easily due to the patient’s condition or because the tube gives the patient the feeling of gagging during the insertion and causes the patient to thrash. It is important for all Mainers to know that even if placing a tube is “challenging”, there is not a hospital in Maine that is allowed to deviate from the standard of care in nursing as it relates to insertion of a feeding or “enteral” feeding tube. In fact, if placing a tube is especially difficult in a particular case, it is all the more reason for the nurse to be especially careful.

The most serious potential misadventure of a feeding catheter or nasogastric tube is placement in the lung. If not recognized in time, lung collapse and death may result from placement of a feeding tube in the lung.

This x ray shows a feeding tube in the lung of a 64 year old woman recovering from spinal surgery. ( There is also a nasogastric tube properly positioned in the stomach.) This case illustrates the importance of looking at the lung bases where a feeding catheter is seen passing through the bronchial tree of the right lower lobe and extending well into the right pleural space.

There are simple devices that allow nurses to be 100% sure that the tube is in the stomach and not the lungs. One article describes some modern methods of checking for placement as follows:

Enteral feedings are an integral part of care for many hospitalized patients. Accessing the gastrointestinal (GI) tract safely and in a timely manner can be challenging. Various techniques and devices to enhance the safety of bedside feeding tube placement are available for clinicians. Three specific devices are highlighted, including the colorimetric CO(2) detector (CCD), a magnetically guided feeding tube (MGFT), and the electromagnetic tube placement device (ETPD).

The CO(2) detector is applied to detect the presence or absence of CO(2), thus assisting in correct placement of the feeding tube tip into the GI tract vs the lung. The MGFT uses a magnetic device to manipulate the feeding tube through the GI tract into the small intestine.

The ETPD provides real-time visualization of the feeding tube as it progresses into the small intestine. Training and repetition are essential for safe and successful feeding tube placement, and the highlighted devices can contribute to both of these goals.

As a Registered Nurse as well as a medical negligence lawyer, it is especially disheartening to hear when such a basic nursing procedures is carelessly handled.

Briggs & Counsel has successfully litigated numerous cases of medical and nursing malpractice on behalf of patients. Maine has very specialized laws and procedures for handling medical malpractice cases and few Maine law firms handle medical malpractice on a routine basis as we do.

If you or someone close to you has suffered from the careless actions of nurses at a Maine hospital, attorneys from our firm would be willing to meet with family members individually, or as a family group, to begin the process of sorting out what needs to be done to fix what can be fixed, and make up for the problems that can’t be fixed.

Copyright 2009 Briggs & Counsel

Maine physicians have a duty to direct patients to seek a second opinion when appropriate. There are enough gray areas in medicine that it is often worth asking for a second opinion, but alarmingly, only three percent of patients ask for a second opinion! What is the reason for this?

Could it be that Maine patients are simply lackadaisical about following a doctors clear statement that a second opinion is warranted? Or, given the insurance disincentive to provide more costly care, is it the case that doctors feel pressure to minimize second opinion referrals?

Medical test results can give conflicting information to a primary care physician, and in many cases, another physician’s opinion—perhaps even a specialist’s opinion- is warranted. Though patients may worry about what their primary care physician will think and how they will be treated in future visits if they do seek a second medical opinion, a physician’s attitude can reverse that fear. It is medical malpractice for a Maine physician to fail to refer a patient for a second opinion in appropriate circumstances.

Maine doctors should encourage patients who are unclear or uncomfortable about the management of a particular course of medical or surgical treatment to obtain another opinion. Maine physicians should be interested in how another doctor can approach the same clinical situation, but are they?

Elective surgery and diagnoses of cancer are two instances where second opinions could be very helpful. This is particularly important in Maine for this reason: If, for example, a doctor negligently overlooks a tumor on an imaging study, and three years go by before the medical mistake is caught, the patient cannot recover against the negligent doctor for the increased risk of death, payment of bills for costly treatments caused by the delay in treatment, or lost wages related to the delay in treatment.

Knowing how vulnerable Maine patients are to physical, emotional and financial injury caused by medical malpractice is reason enough to give second opinions a second look.

Copyright 2009, Briggs & Counsel

Cholesteatoma can be fatal. It can cause deafness.  And it can arise from something as typical as a childhood ear infection. 

What is a Cholesteatoma?

Cholesteatomas are destructive lesions inside the skull that can wear away tissue and bone inside the skull.  If left untreated, a brain abscess or meningitis may take the life of a child.  Some children are born with a cholesteatoma that formed inside the skull during the pregnancy.  But cholesteatomas can form a direct result of a perforated or “burst” eardrum from an ear infection.  Sometimes, a child who has been treated for ear infection with the insertion of “ear tubes” may develop a cholesteatoma.   One sign of cholesteatoma is painless drainage of fluid from the ear. Hearing loss is another symptom of cholesteatoma, and may be accompanied by dizziness.  Frequently, the only sign a doctor will be able to see is an ear canal filled with a pus-like material.

If your child has been injured by  failure to diagnose a cholesteatoma, you may wish to call an attorney  with experience litigating such a case.  You may wish to call Briggs & Counsel.