Surgical Interventions to Release Burn Swelling

Posted on September 29, 2009 by Kristine Meredith

Victims with full thickness burns, as discussed here, on their arms and legs experience tremendous swelling from the fluids necessary to heal. The swelling puts pressure on the nerves and tissues of the healthy sections of the burned limbs.  The pressure may cause a complete loss of blood flow and tissue damage to the distal limb.  To relieve the pressure and promote blood flow, the burn surgeon may perform the following procedures:

  • Escharotomy -- slitting of the burned skin (eschar);
  • Fasciotomy -- slitting of the burned  skin and splitting of the fascia (the thick white covering of the muscle) to inspect how the muscle is doing.

Although gruesome, the surgeons often take photos before and after the procedure to document the health of the tissue and progression toward recovery.  Such photos may be helpful to educate the jury about the victim's pain and suffering.

 

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Traumatic Brain Injury in Young Children

Posted on September 24, 2009 by Mike Danko

Some insurance company doctors say that young brains are more resilient. These doctors testify at trial that, when it is a young child who has suffered a traumatic brain injury, the prospects for a good recovery are brighter than they would be if the child were older.

New research shows that the opposite may be true.  A traumatic brain injury may throw off a child's normal developmental timetable. Though the child may experience encouraging improvement in the first two years after an injury, after that, it may be that the child never really catch up to his peers. Rather, he may simply fall further behind over time. Because younger children have more development ahead of them, brain injuries at younger age is a "double hazard," the researchers noted.  That means that the same injury can cause much more trouble for a 4 year old than a 12 year old.

The study was published earlier this year in Neuropsychology, 2009; 23 (3) (subscription required).
 

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Is a Worker Limited to Worker's Comp Benefits When Injured On The Job?

Posted on September 11, 2009 by Kristine Meredith

When a worker is injured on-the-job in California, his rights are limited by the workers’ compensation laws. Workers’ compensation is a “no-fault” system.  That means the employee is entitled to compensation from the employer's insurance carrier without having to prove the employer was at fault.   However, the workers compensation benefits are quite limited, and they seldom fully compensate an accident victim for his injuries.     

In an appropriate case, an injured worker can seek compensation for his on-the-job injury from other sources. For example:

  • If a co-worker causes the injury, the injured worker may be permitted to seek compensation from the co-worker, but only (1) when co-worker’s actions are malicious with an intent to cause injury or (2) when co-worker is intoxicated.
  • If someone other than the employer or co-worker (also known as third party) causes the injury, the worker may seek compensation from the third party.  The victim's lawsuit against the third party can proceed at the same time as the workers’ compensation claim against the employer.  In his third party lawsuit, the worker is not restricted to the limited benefits of worker's comp.   However, if the worker recovers against the third party, the employer is entitled to reimbursement for any benefits paid to the injured worker.

In some cases there may be multiple causes of a worker's injury and he should proceed against his employer, a co-worker and a third party.

 

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