The following are reasons why the attorney, physician, insurer, or employer would want to take the multiple concussion injury action to trial.
Attorney: Expert testimony by a noted authority in the field will state that the health provider or athletic trainer’s actions were a proximate cause of the patient’s multiple concussion injury or Second Impact Syndrome, and there are facts that would likely elicit sympathy for the client.
Physician: A review of the medical records by a consulting expert strongly indicates no evidence of negligence or malpractice by the health provider, and the provider met or exceeded the standard of care. Also, the patient’s own actions indicate patient fault, such as the patient’s concealing symptoms of concussion or participating in athletic practices or games against medical advice.
Insurer: The insurer for the health provider has been unable to reach settlement with the patient, the patient’s case has proof problems, and success at trial would avoid payout on the provider’s policy if malpractice is not found.
Employer: It is unlikely the employee’s multiple concussion injury will be found to be work-related and claims by several other employees for multiple concussion injury or Second Impact Syndrome will be favorably impacted by a finding that this employee’s injury did not arise out of or in the course of the employment.