Personal Injury Law

Brain Injuries and the Uninsured

The saddest personal injury cases we see in our serious injury law practice often times involves those who have suffered traumatic brain injury resulting from an automobile, tractor-trailer collision or some other traumatic event, with these tragedies being seriously compounded by the unavailability of insurance. While there has been some media attention on the number of uninsured individuals in this country who have no available health insurance coverage, the impact of this problem is not really seen or appreciated until one is confronted with overwhelming medical needs and there is a complete lack of medical coverage available to meet those needs.

One case we are currently handling involves a Hispanic gentleman who suffered permanent and irreparable brain damage. He was taken by life flight to the hospital where he was stabilized. Once he was stabilized, however, the hospital that had been treating him free of charge (because he had no health insurance) discharged him. After discharge, he no longer has the ability to seek appropriate medical treatment because he has no health insurance coverage and being from another country does not qualify for Medicaid or Medicare. His medical needs are overwhelming and yet he has no access to medical care in the richest country in the world.

This individual?s problem is no different in many ways from American citizens who are the victims of traumatic brain injury and do not have health insurance coverage. Oftentimes, the individuals involved may or may not qualify for Medicaid or other assistance. It takes years to qualify for Social Security disability benefits. In the meantime, after the traumatic brain injury has incurred and the patient is stabilized, the necessary ancillary services to a recovery, such as rehabilitation services, vocational and physical therapy and others are typically completely unavailable to the uninsured because they are not affordable and there is no way to get such treatment.

In these very tragic and sad cases, many times the only possibility of recovery for the injured individual is litigation against the party responsible for the traumatic event. While such cases can result in a financial settlement several years after the event, due to the cost and delay of litigation, nonetheless, sometimes its too little and too late for those who are in need of immediate medical care to address their injuries and insure a recovery.

The American Medical Association needs to take a hard look at whether it is doing enough to make medical care available to those who cannot afford it. While there are many clinics and other local, state and federal government facilities, those who have been seriously injured many times do not have access to the type of care that he needs. We even see this with our returning veterans from Iraq, much less the uninsured. This problem is a national problem and needs to be addressed at the local, state and federal level.

Full post as published by Georgia Injury Lawyer Blog on May 09, 2008 (boomark / email).