Medically Conscious but Legally Unconscious?
Conscious or Unconscious? Can someone be medically conscious but considered legally unconscious? What an interesting conundrum! According to the Oxford Dictionary, “unconsciousness is the state of being unconscious or the state of being uninformed or unaware” and “automatism is the performance of actions without conscious thought or intention, involuntary” (Oxford English Dictionary, 2021). Even in […]
Effect of Brain Damage on Personality
How can brain damage be used to create reasonable doubt? In 1990, a 40-year-old schoolteacher suddenly began using prostitutes and making inappropriate advances to his stepdaughter. The courts ordered him to go to Sexaholics Anonymous or go to prison. He failed the program because he kept asking people for sex. The hospital found a large […]
The Long-Term Effects of Repetitive Head Trauma
Traumatic Brain Injury in Criminal Cases After Traumatic Brain Injury (TBI), people can experience personality changes, social anxiety, irritability, anger, depression, general anxiety, mood swings, emotional lability, and feelings of being overwhelmed. The bottom line is that the brain no longer functions exactly the way it did prior to the head injury. The location of […]
Traumatic Brain Injury or Mental Illness?
TBI and Mental Illness What if a defendant commits a crime because of being affected by either an acute brain injury or an acquired or inherited brain disease? This is called the “brain defense.” In criminal cases, defense attorneys are increasingly using clinical evidence of brain injury to either establish their client’s innocence or mitigate […]
Alcohol Intoxication or Medical Issue?
Alcohol, trauma, or underlying medical condition? The legal limit of blood alcohol content is set by the US Department of Motor Vehicles at 0.08%. However, not everyone presents the same way clinically, as different individuals have different tolerance levels depending on their level of regular alcohol use. Even the liver eliminates alcohol from the body […]
TBI and Drug Abuse
The Frontal Cortex Connection: TBI and Drug Abuse The long-term effects of traumatic brain injury are at long last being acknowledged and researched in our society, partly due to the media’s attention to the severity and consequences of this injury to football players in the NFL. We are realizing the extent in which these injuries […]
5 Things Criminal Attorneys Should Know About…Loss of Consciousness
This is the 4th out of 6 in this series of “5 things criminal attorneys should know about…” which I first posted a few years ago. Each month I highlight some areas of medicine that often cross into the criminal fields. This is not meant to be an in-depth review, but rather just bullet pointed […]
Can someone consent after a head injury? {Mental Health/Toxicology}
Many times, a police officer will interview a defendant after a fight or a car wreck where the person being interviewed has suffered head trauma. What the police officer may not understand is that even mild Traumatic Brain Injury (mTBI) can affect a person’s ability to comprehend the questions being asked and the ramifications of […]
How is a concussion managed?
Conservative management of concussions is standard practice. Physical and cognitive rest is recommended for at least 24 hours pending cessation of symptoms. Gradual return to work, school, and physical activity is also endorsed. For a person with prolonged symptoms, reevaluation and treatment may be beneficial. (Evans, Concussion and mild traumatic brain injury, 2013) Admission to […]
What is post-concussion syndrome?
One common consequence of concussion is the post-concussion syndrome (PCS), which is a group of symptoms that includes headache, dizziness, decreased concentration, memory problems, irritability, fatigue, visual disturbances, sensitivity to noise, judgment problems, depression, and anxiety. PCS is usually associated with mild traumatic brain injury (TBI), such as a concussion, but may also occur after […]
