By Aaron Marks
Marks Law Group

At least 1.7 million traumatic brain injuries (TBI) occur each year according to the Centers for Disease Control and Prevention. TBIs occur when great force is exerted on the head by a fall, blow, or penetration. Common causes of TBIs include falls, auto and truck accidents, physical violence, and combat injuries. TBIs can cause temporary or permanent impairment. In my practice, I have handled several TBI cases, and while each case has its own challenges, there are some recurring issues that set these cases apart from other personal injury cases.

Recognizing TBI

The first hurdle of handling TBI cases is that the injuries are often not easily recognized. All too often TBIs are not diagnosed quickly, and the injured party suffers twice: first, from the actual injury, and later, when the injury is questioned or doubted, and the injured party must prove he or she actually suffers from a TBI and is not “malingering.”

By Mary Lewis
The Law Office of Mary D. Lewis, LLC

Editor’s Note: This article is an opinion editorial and does not reflect the opinions of the DeKalb Bar Association.

Georgia Senate Bill 141, also known as the Patient Injury Act, is up for consideration in the upcoming state legislative session. This piece of legislation has generated a great deal of controversy, and for good reason. Proponents assert that SB 141 represents a constitutional effort to improve injured patients’ access to courts and to reduce health care costs in Georgia. However, in this author’s opinion and as discussed below, a closer look at the bill reveals not only that it is unconstitutional, but that it will in no way improve injured patients’ access to courts or reduce costs. Instead, as the author will discuss in this article, SB 141 proposes an expensive, complex and unprecedented statutory scheme that is overreaching, fraught with potential for abuse, and highly susceptible to the rule of unintended consequences.