How does a missed diagnosis of PTSD effect a personal injury case?

Our Answer: It causes unnecessary suffering for your clients and more than $100k in missed damages.

This case involves a 30-year-old man who was injured when gasoline caught fire and burned significant portions of his arms, abdomen, and face. Our client was working on a car with a friend when the friend accidentally ignited some nearby gasoline. He was transported to a local burn center where he endured a long and painful recovery, which was also astronomically expensive.

Our attorney client approached us because he wanted a report which would detail that all treatment up to that point was appropriate, the future medical treatment the client would need, and the cost of those future treatments. However, when I got the client on the phone, I asked him about his recovery and realized that there was much more to this case than what could be found in his medical records.

The client told me about his physical recovery, which was going well but it was clear he would need continued plastic surgery and occupational therapy. I asked him about the effect of this event and his injuries on his life and that’s where things really took a turn. He conveyed that he had been having drenching night sweats caused by nightmares about being burned. These night sweats were so intense that he had to replace his mattress. He is a welder by trade and had become so fearful of igniting his torch that his colleagues had to do it for him. Further, he was filled with negative feelings about himself because he didn’t want to be having these reactions to triggers.

The client was a very stoic man, but as a two-tour Army combat veteran and physician, I know Post-Traumatic Stress Disorder (PTSD) when I see it. The injuring event had taken place two years prior to my involvement in the case and he had never been evaluated or treated for these symptoms. The client was shocked when I informed him that he met criteria for PTSD. He, like many people, had misconceptions about what this condition is and who can develop it.

Post-Traumatic Stress Disorder is a psychiatric condition that can develop after a person experiences or witnesses a traumatic event. These events can range from serious accidents and physical assaults to natural disasters and combat situations. Common symptoms of PTSD include intrusive memories, nightmares, flashbacks, persistent anxiety, avoidance of triggers, and changes in mood and cognition. It is essential to recognize that PTSD can manifest immediately after the traumatic event or even months later, making early detection challenging.

Undiagnosed PTSD can have severe consequences for the affected individual. It can significantly impair their quality of life, relationships, and ability to work. Moreover, the untreated symptoms may exacerbate over time, leading to additional psychological and physiological complications. Failure to identify and address PTSD not only undermines the well-being of the victim but also weakens their legal case by downplaying the true extent of the damages suffered.

In my report, I recommended a course of best practice treatment of PTSD for the client. This raised the amount of his expected future medical costs by more than $100,000! The insurance company settled for my attorney client’s offer and the client got the treatment he deserved.

If you have a client who has suffered a traumatic injury and may be suffering from a missed diagnosis of PTSD, contact me and I can help.