MRI helps detect Early onset of Alzheimers

A new study allows "magnetic resonance imaging scans to locate Alzheimer's-like plaques in rabbits, bringing researchers a step closer to being able to diagnose the disease using ordinary MRI equipment. "

The study marks the first time researchers have been able to "see" brain plaques using conventional MRI scanners. Currently, high-powered MRI scanners have been able to spot them in animals, and PET scanners using special marker chemicals have worked as well.

Read the entire article by clicking here.

Titolo Executive Board Member of AAJ TBILG

I was recently elected to the Executive Board of AAJ’s Traumatic Brain Injury Litigation Group in Philadelphia.

Attorneys with a special interest in representing individuals who have sustained traumatic brain damage formed the AAJ Traumatic Brain Injury Litigation Group approximately twenty years ago. We meet several times a year to discuss the medical and legal issues surrounding traumatic brain injury litigation and host programs to teach personal injury lawyers effective representation of individuals and their families in traumatic brain injury cases.

If I can assist your family and yourself with your brain injury legal case, please do not hesitate to contact us. To contact me by email click here or visit www.titololawoffice.com.

We handle cases of individuals who have sustained traumatic brain damage from of all types of accidents, including car accidents, truck accidents and other motor vehicle accidents.

Tattoos and Anti Social Personality Disorder

Dr. Cardasis is a forensic psychiatrist; as opposed to a clinician.  He concludes that a person's tattoos makes it more likely than not the person has anti social personality disorder.  This is a rather general conclusion and my point in blogging this message is to illustrate how behavior can be interpreted and based on studies like this.  In terms of litigation of brain injury cases we may have to deal with potentially false conclusions about ourselves made by forensic experts who make a living testifying in court.

Dr. William Cardasis has worked at the Michigan Center For Forensic Psychiatry since 1996, where he is currently Director of the Male Admissions Unit, and in private practice of forensic psychiatry since 1997. He is a Distinguished Fellow of the American Psychiatric Association, a Fellow of the American Academy of Forensic Sciences, and a member of the American Academy of Psychiatry and the Law, and has rendered over one hundred court testimonies as an expert witness in forensic psychiatry.  

The presence of tattoos on forensic psychiatric inpatients should alert clinicians to a possible diagnosis of Antisocial Personality Disorder (ASPD), and also about the potential for histories of suicide attempt, substance abuse, and sexual abuse, according to research published today in Personality and Mental Health.

ASPD is a mental disorder characterised by several psychological and behavioural phenomena, including a lack of empathy and remorse, a low tolerance for anxiety, and shallowness. People with ASPD prefer action to thought, and pathological lying, cheating, stealing, physical aggression and drug abuse are not uncommon. To be diagnosed with ASPD, the individual must have developed this behaviour before the age of 15, and as such is qualitatively different from the idea of a scheming, dishonest business person or politician, unless the behaviour began earlier in life.

Cardasis W., Huth-Bocks A. and Silk K.; Tattoos and Antisocial Personality Disorder Personality and Mental Health 2008: Volume 2, Issue 3, 171-182. DOI: 10.1002/pmh.43

Tim Titolo elected to Executive Board TBILG

Tim Titolo elected to Executive Board TBILG

The American Association of Justice Traumatic Brain Injury Litigation Group elected Tim Titolo to its Executive Board in July 2008.  Elections were held in Philadelphia.

Tim is honored and enthusiatic to serve on the Board.  Tim has been very involved in the Group's yearly conferences in Las Vegas.  This year's member's only conference will take place at the Monte Carlo.

For more information about the TBILG, email Tim at tim@titololawoffice.com.

BIAA Update July 2008-3

Urge Presidential Candidates to Participate In the 2008 Fort Hood Presidential Town Hall!
Take Action!

Town Hall Would Facilitate Discussion of Issues Facing America’s Military and Veteran Community, Including Traumatic Brain Injury

The Brain Injury Association of America (BIAA) recently joined a consortium of non-profit organizations dedicated to serving active military, veterans, their families and their survivors, in inviting the Republican and Democratic presidential candidates to Fort Hood, Texas, for an in-depth discussion of the increasingly complex issues facing America's military and veteran community. The CBS television network has agreed to produce and broadcast the very important Town Hall meeting in prime time on Monday, August 11, 2008.

As of July 17, 2008, the Republican presidential candidate, Senator John McCain (R-AZ) has agreed to participate in the Town Hall, but the Democratic presidential candidate, Senator Barack Obama (D-IL) has not agreed to attend the event.

BIAA is a non-partisan organization dedicated to improving the lives of all individuals with brain injuries and their families. During this presidential campaign, BIAA strongly advocates for an open, transparent discussion of public policy issues related to traumatic brain injury (TBI) among both returning service members and civilians. BIAA believes the 2008 Fort Hood Presidential Town Hall represents a tremendous opportunity to facilitate this discussion in regards to returning service members.

Fort Hood is the largest U.S. military installation in the world. As a result, it has deployed, and continues to deploy, the most soldiers to Iraq and Afghanistan as part of our continuing global war on terror. Consequently, BIAA cannot imagine a more appropriate audience—or a more compelling location—for such a discussion concerning the health care needs of returning service members, including TBI.

1) To send a message urging Sen. Obama to participate in 2008 Fort Hood Presidential Town Hall, please click on the “Take Action” link in the upper right-hand corner of this email.
Similarly, BIAA also strongly advocates for the participation of both presidential candidates in the National Forum on Disability Issues, set to occur on July 26, 2008 in Columbus, Ohio. This Forum would allow the presidential candidates to individually present their visions for the future of disability policy in America followed by questions by Judy Woodruff, news anchor and journalist ("The News Hour with Jim Lehrer"), who will act as the Moderator. As of July 17, 2008, Senator McCain has agreed to participate in the entire forum, via satellite. Senator Obama's campaign team has yet to commit and is offering a representative instead.
2) To send a message urging Sen. Obama to participate in the National Forum on Disability Issues, please visit the following link:

http://capwiz.com/rochestercdr/utr/1/GZKLIYSYCB/IBJKIYTLAF/2206694631

Sick Truckers Cause Unprecedented Injuries

Truck drivers with medical conditions are found to be a major cause of traumatic brain injuries. 

To see a short infomative video click here.

The AP had this to say:

Deadly Tolls: Sick truckers causing fatal wrecks

By HOPE YEN and FRANK BASS
Associated Press Writers

AP Photo/BILL HABER

WASHINGTON (AP) -- Tractor-trailer and bus drivers in the United States have suffered seizures, heart attacks or unconscious spells behind the wheel that led to deadly crashes on highways. Hundreds of thousands of drivers carry commercial licenses even though they also qualify for full federal disability payments, according to a new U.S. safety study obtained by The Associated Press.

The problems threatening highway travelers persist despite years of government warnings and hundreds of deaths and injuries blamed on commercial truck and bus drivers who blacked out, collapsed or suffered major health problems behind the wheels of vehicles that can weigh 40 tons or more.

The U.S. agency responsible for cracking down on unfit truckers, the Federal Motor Carrier Safety Administration, acknowledges it hasn't completed any of eight recommendations that U.S. safety regulators have proposed since 2001. One would set minimum standards for officials who determine whether truckers are medically safe to drive. Another would prevent truckers from "doctor shopping" to find a physician who might overlook a risky health condition. It's unclear whether any of the eight recommendations will be done before President Bush leaves office.

"We have a major public safety problem, and we haven't corrected it," said Gerald Donaldson, senior research director at the Washington-based Advocates for Highway and Auto Safety, whose members include consumer, health and safety groups and insurance companies. "You have an agency that is favorably disposed to maintaining the integrity of the industry's economic situation."

Truckers violating federal medical rules have been caught in every state, according to a review by the AP of 7.3 million commercial driver violations compiled by the Transportation Department in 2006, the latest data available. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were states where drivers were sanctioned most frequently for breaking medical rules, such as failing to carry a valid medical certificate. Those 12 states accounted for half of all such violations in the United States.

Consider these cases:

-A Florida bus driver who suffers from lung disease and uses three daily inhalers to control breathing told congressional investigators that he "occasionally blacks out and forgets things." He works as a substitute driver despite not having a medical certificate, and his commercial license expires in 2010. The driver, who was not identified but will figure prominently in a congressional hearing this week, has collected Social Security benefits since 1994. He confided to investigators that he "gets winded" walking to his mailbox but has no problem driving a passenger bus.

-A Virginia trucker with a prosthetic leg from a farm accident more than 10 years ago is permitted to drive tanker trucks until at least 2012, even though he doesn't have the proper federal paperwork required for amputees. Virginia revoked the medical license for the official who approved him to drive over charges the official was caught illegally distributing controlled substances.

-George Albright Jr., 61, smashed his 70,000-pound tractor-trailer into congested traffic on Interstate 70 in June 2006, killing four women in a Ford sedan about 30 miles east of Columbia, Mo. Albright's employer agreed earlier this year to pay $18 million in a settlement. A Missouri jury acquitted Albright this month on four counts of second-degree involuntary manslaughter, after his lawyers argued in court that a diabetic episode "put him in an altered state of consciousness." Albright wasn't injured.

-A gasoline tanker plunged from an overpass and exploded in flames on Interstate 95 near Baltimore in January 2004, killing four people. Witnesses reported the driver slumped over the wheel. Maryland investigators concluded the driver, Jackie M. Frost, had suffered a heart attack or other medical emergency, but his family disputed that.

-The driver of a 15-passenger "Tippy Toes" day-care bus traveling 63 mph on Interstate 240 in Memphis, Tenn., in April 2002 crashed into a bridge, killing the driver and four of the six children aboard. The National Transportation Safety Board said the driver, Wesley B. Hudson, 27, fell asleep, "quite likely due to an undiagnosed sleep disorder." Investigators said children sometimes had to wake up Hudson, whom the NTSB described as obese and a marijuana user.

-A 55-passenger bus rolled off Interstate 610 in New Orleans in May 1999, killing 22 passengers. The NTSB said the bus driver, Frank Bedell, 46, suffered life-threatening kidney and heart conditions but held a valid license and medical certificate. Moments before the crash, a passenger recounted seeing the driver slumped in his seat. Bedell died three months later of an apparent heart-related illness. Investigators said he was treated at least 20 times in the 21 months before the accident for various ailments.

Some truckers said the government should enforce existing rules, not make new ones.

"Do you enjoy your clothing and house? Without the truck driver you would have none of it," said Gary Hull, 52, a trucker for a Louisiana company, as he drove from Edinburg, Texas, to Mansfield, La. "Our economy is based on the truck. People don't understand the ramifications of making it more restrictive for truck drivers to drive."

Hull said most drivers are hard workers who earn a modest salary and cope with rising diesel prices. New regulations could add to costs and force truckers to evade the rules, he said.

"There are enough government regulations as it is," agreed Ken Cornell, interviewed at a truck stop. "The medical profession should be able to take care of it. If they have a condition where they shouldn't be driving, they should be able to catch them."

The Transportation Department said 5,300 people died in crashes involving large commercial trucks or buses in 2006, the latest year for which figures are available, and about 126,000 more were injured. A federal safety study last summer found that cases where drivers fell asleep, suffered heart attacks or seizures or otherwise were physically impaired were a leading cause of serious crashes involving large trucks. But those cases included healthy drivers who fell asleep.

"The problem is major," said Dr. Kurt Hegmann, chairman of the federal motor carrier administration's medical oversight board, which is urging more doctor visits in many cases for truckers with serious medical conditions. "It's one of the biggest causes of occupational death in the United States today."

Congress may take action soon. The House Transportation and Infrastructure Committee, led by Rep. James Oberstar, D-Minn., will conduct oversight hearings Thursday. One proposal would create a clearinghouse for drug test results for commercial truck drivers to make it easier for employers to conduct checks. Oberstar's committee asked the Government Accountability Office to investigate unfit truck drivers.

The 30-page GAO study, obtained by the AP in advance of its release later this week, said 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department or Social Security Administration to also be eligible for full disability benefits over health issues. It said disability doesn't necessarily mean a driver is unfit to operate a commercial vehicle, but its investigators found alarming examples that raised doubts about the safety of the nation's highways. They identified more than 1,000 drivers with vision, hearing or seizure disorders, which generally would prohibit a trucker from obtaining a valid commercial license.

The chief safety officer for the Federal Motor Carrier Safety Administration, Rose McMurray, acknowledged problems that could lead to unfit truck drivers on the roads. She blamed delays in reforms on a lack of federal money and difficulty coordinating with 50 states. McMurray said changes to strengthen the medical oversight program may not be done for months or even years.

"We have done a lot to recognize the deficiencies in our medical oversight program, and the building blocks we're establishing are very smart and very strong," McMurray said.

Families of crash victims said stronger safety rules can't happen soon enough.

William Hieronymus II of Salina, Kan., said he remembers eating cereal each morning with his 10-month-old son. His son William and wife, Amanda, died in May 2005 when a truck crossed a median and struck their SUV.

The driver, Scott A. Wegrzyn, pleaded guilty to two counts of vehicular homicide. Prosecutors said Wegrzyn knew he suffered from sleep apnea and went to a second doctor without disclosing the condition to obtain the medical certification he needed to drive.

"I try to go through a day without crying," Hieronymus said during Wegrzyn's trial. "I wonder every day what (Will) would have grown up to be, what he would have stood for." 


 

BIAA Update July 2008-2

Laura Schiebelhut of the BIAA asked me to distribute this legislative update:

Brain Injury Association of America
Policy Corner E-Newsletter – July 18, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Numerous developments related to brain injury policy and advocacy efforts occurred this week in the nation’s capital.

In a welcome development on Tuesday, Congress successfully overrode the president’s veto of key Medicare legislation (H.R. 6331). The bill, which will now become law, prevents deep cuts in Medicare payment rates to physicians. It also contains important delays in the implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), and a critically important extension of the Medicare outpatient therapy cap exceptions process.

Thank you to all of the advocates who responded to BIAA’s Legislative Action Alert last week urging Senators to override a veto by President Bush!!!

Also this week, although appropriations activity remains stalled in the House, the Senate Appropriations Committee approved its version of the fiscal 2009 Military Construction and Veterans Affairs spending bill, containing funding for TBI research as well as valuable report language related to TBI care for veterans.

In addition this week, on Thursday BIAA issued a Legislative Action Alert to urge both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Forth Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to be televised by CBS on August 11, 2008. If you have not already, please take action TODAY by visiting http://capwiz.com/bia/issues/alert/?alertid=11644406.

In other news, on Wednesday, a BIAA representative attended a Capitol Hill briefing, organized by Rep. Bill Pascrell, the founder and co-Chairman of the Congressional Brain Injury Task Force, on exciting new developments in TBI research. At the briefing, experts from the Cleveland Clinic discussed revolutionary new research efforts in the field of regenerative medicine to develop new treatments and therapies for TBI.

In addition, this week the Army issued new guidelines for TBI care, including a new requirement for all soldiers who experience dizziness or loss of consciousness from a blast, fall, collision or other direct impact incident to receive immediate medical assistance. These new guidelines can be accessed online at http://www.pdhealth.mil/TBI.asp.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org 


BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

BIAA Update July

Urge Your Senator to Support Medicare Package
Take Action!
Tell Your Senator to Continue to Support This Legislation if the President Vetoes the Bill

On Wednesday, July 8, 2008, by a vote of 69-30, the Senate approved Medicare legislation (H.R. 6331) to prevent a 10.6% payment cut to physicians. In addition to preventing harmful payment cuts to physicians, this Medicare bill includes other important provisions which would improve care for individuals with brain injury.

These critical provisions include an 18-month extension of the Medicare outpatient therapy caps exceptions process, a component of the bill strongly supported by advocates working to improve access to vital rehabilitation therapies for individuals with brain injury.

The bill also includes a much-needed 18-month delay in the implementation of the Medicare Durable Medical Equipment, Orthotics, Prosthetics and Supplies (DMEPOS) competitive bidding program, and spares power wheelchairs and oxygen equipment from deep cuts. If the competitive bidding program is implemented as currently scheduled, it stands to negatively impact many users of assistive technology devices, including individuals with brain injury.

Despite these important provisions, it is anticipated that President Bush will veto the bill, and although the Senate passed the bill with a veto-proof margin earlier this week, the White House needs only three Senators to switch their votes in order for a veto override to fail. If the President delays acting on the bill, or Congress is unable to override an expected veto, the physician payment cuts and DME competitive bidding program will go into effect, and the outpatient therapy caps exceptions process will continue to be expired (as of June 30, 2008).

Discover the Jimi Hendrix Experience

I read an article in the August edition of Discover Magazine entitled, The Brain. In it, author, Carl Zimmer, asserts that “It’s possible that we reverse time in our memories in order to focus our brains on goals.”

“Staring at an angry face for five seconds feels longer than staring at a neutral one.”

Zimmer postulates, based on scientific studies, that “Keeping track of time is essential for perceiving what’s happening around us and responding to it.” In order to hear where a voice is coming from we unconsciously register how long the sound takes to reach both ears.

“It’s just a brief pause that makes the difference between ‘Excuse me while I kiss the sky’ and ‘Excuse me while I kiss this guy.’


Insurance Company Rankings

ALLSTATE RANKS AS WORST INSURER FOR CONSUMERS

Insurance Industry Employs “Deny, Delay, Defend” Strategy, Puts Profits Over Policyholders

WASHINGTON, DC – Allstate ranks as the worst insurer for consumers, according to a comprehensive investigation of thousands of legal documents and financial filings.

The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.

“While Allstate publicly touts its ‘good hands’ approach, it has instead privately instructed its agents to employ a ‘boxing gloves’ strategy against its policyholders,” said American Association for Justice CEO Jon Haber. “Allstate ducks, bobs and weaves to avoid paying claims to increase its profits.”

Allstate (NYSE: ALL) set the standard for insurance company greed and placing profits over policyholders. Allstate contracted with consulting giant McKinsey & Co. in the mid-1990s to systematically force consumers to accept lowball claims or face its “boxing gloves,” an aggressive strategy designed to deny claims at any cost. One Allstate employee reported that supervisors told agents to lie and blame fires on arson, and in turn, were rewarded with portable fridges.

Thousands of court documents, materials uncovered from litigation and discovery, testimony, complaints filed with state insurance departments, SEC and FBI records, and news accounts were reviewed to compile the rankings and statistics.

The rest of the rankings are as follows:
2. Unum (NYSE: UNM) – Unum’s actions are even more shameful considering the type of insurance it sells: disability. Unum’s behavior was epitomized when it denied the claim of a woman with multiple sclerosis for three years, stating her conditions were “self-reported,” contrary to doctors’ evaluations. In 2005, Unum agreed to a settlement with insurance commissioners from 48 states over their practices.
3. AIG (NYSE: AIG) – The world’s biggest insurer, AIG’s slogan was “we know money.” AIG, described by commentators as “the new Enron,” has engaged in massive corporate fraud and claims abuses. In 2006, the company paid $1.6 billion to settle a host of charges.
4. State Farm – State Farm is notorious for its deny and delay tactics, and like Allstate, hired McKinsey consultants. State Farm’s true motives became apparent during Hurricane Katrina; for example, it employed multiple engineering firms until they could deny the claims of the Nguyen family of Mississippi. In April 2007, State Farm agreed to re-evaluate more than 3,000 Hurricane Katrina claims.
5. Conseco (NYSE: CNO) – Conseco sells long-term care policies, typically to the elderly. Amongst its egregious behavior, the insurer “made it so hard to make a claim that people either died or gave up,” said a former Conseco-subsidiary agent. Former Conseco executives were fined when they admitted to filing misleading financial statements with regulators.
6. WellPoint (NYSE: WLP) – Health insurer WellPoint has a long history of putting profits ahead of policyholders. For instance, California fined a WellPoint subsidiary in March 2007 after an investigation revealed that the insurer routinely canceled policies of pregnant women and chronically ill patients.
7. Farmers – Swiss-owned Farmers Insurance Group consistently ranks at or near the bottom of homeowner satisfaction surveys, and for good reason. For example, Farmers had an incentive program called “Quest for Gold” that offered pizza parties to its adjusters that met low claims payments goals. Like Allstate, it also hired the McKinsey consultants.
8. UnitedHealth (NYSE: UNH) – The SEC opened an investigation into former UnitedHealth CEO William McGuire for stock backdating, which ultimately led to his ouster in 2006 and returning $620 million in stock gains and retirement compensation. Physicians have also reported that their reimbursements are so low and delayed by the company that patient health is being compromised.
9. Torchmark (NYSE: TMK) – According to Hoover’s In-Depth Company Records, Torchmark’s very origins were little more than a scam devised to enrich its founder, Frank Samford. Torchmark has preyed on low-income Southern residents and charged minority policyholders more than whites on burial policies.
10. Liberty Mutual – Like Allstate and State Farm, Liberty Mutual hired consulting giant McKinsey to adopt aggressive tactics. Liberty’s tactics were highlighted when a New York couple’s insurance was “nonrenewed” by Liberty, even though they lived 12 miles from the coast and never experienced weather-related flooding.

Financial documents also revealed extravagant profits and executive compensation while policyholders’ claims were routinely delayed and denied:
• Over the last 10 years, the property / casualty and life / health insurance industries have each enjoyed annual profits exceeding $30 billion.
• The insurance industry takes in over $1 trillion in premiums every year. It has $3.8 trillion in assets, more than the GDPs of all but two countries.
• The CEOs of the top 10 property / casualty firms earned an average of $8.9 million in 2007. The CEOs of the top 10 life / health insurance earned an average of $9.1 million.
• The median insurance CEO’s cash compensation is $1.6 million per year, leading all industries.

To see how consumers can hold the insurance industry accountable and view a full copy of the study, visit http://www.justice.org/docs/TenWorstInsuranceCompanies.pdf.

Soy May Cause Memory Loss

People who eat high levels of some soy products, including tofu and other so-called superfoods, may be at an increased risk of memory loss.

Loughborough and Oxford scientists, funded by the Alzheimer's Research Trust, worked with Indonesian colleagues to investigate the effects of high soy consumption in 719 elderly Indonesians living in urban and rural regions of Java.

The researchers' findings, to be published in Dementias and Geriatric Cognitive Disorders later this month, include evidence that a high consumption of tofu is associated with worse memory.

Women more likely than Men to suffer Dementia

A recent study appears in the July 2 online issue of Neurology, the medical journal of the American Academy of Neurology.

Research has shown that dementia prevalence for both men and women increases from age 65 to 85. The frequency of dementia increases with age from less than 2 percent for the 65-69-year-olds, to 5 percent for the 75-79-year-olds and to more than 20 percent for the 85-89 year olds.

Women over 90 are significantly more likely to have dementia than men of the same age, according UC Irvine researchers involved with the 90+ Study, one of the nation's largest studies of dementia and other health factors in the fastest-growing age demographic.

 

Getting Prior IME Reports

An IME (or CME Compulsory Medical Exam, or DME Defense Medical Exam) is expert testimony. Therefore, it is subject to scientific trustworthiness and reliability. Federal Rule of Evidence 702 and Supreme Court Case Daubert and its progeny provide guidelines for courts in many jurisdictions.

However, Nevada is guided by principles of trustworthiness and reliability espoused in Santillanes v. State, 104 Nev. 699, 703-05, 765 P3d 1147 (1988).

Therefore, in this author’s opinion, whenever presented with an opinion from an adverse source the law should allow for the investigation and scrutiny of that opinion and its scientific or junk-science nature. Hence, prior IME (CME or DME) should be turned over to the other side. One side should be allowed to review another side’ propensities in prior reports/expert opinions. One need not know any personal information about the subject of the prior opinions and so there is no need to worry about divulging private information.

However, the knowledge regarding the adverse opinion in the current matter may well stem from adverse propensities, such as financial gain to the one with the adverse opinion, to mention but one.

Southern Nevada currently has a Discovery Commissioner who rules that prior “IME reports” are not discoverable based on her belief that even if the names are protected, information about injury is private to the unnamed individual.

I try to obtain “IME” reports from defense “experts” prior to deposing them to study their pattern of testimony. The Commissioner has yet to allow it and on appeal of her decision, the same issue will soon confront the Judges in the Eight Juridical District Court.

I will update this issue.

Ethical Questions Raised in Brain Mapping Research

During my law school experience in the mid 1980s I was chosen to participate in a nationwide, seminar called "Right to Die."  This was an interdisciplinary exercise of law, medicine, nursing, theology and others.  All of us were students in out respective fields brought together to consider whether an individual should or can possess the right to die with dignity.

In cases of undeniably fatal illness, can someone decide to end their life?  Over 30 students from around the country met in San Francisco, paid for entirely with grant money, to participate.  The notion and experience never left me.

In now appears that science can read desires of comatose patients with functional MRI.  The ethical dilemma again comes to mind.  Here are some excerpts from a recent article.

A British researcher claims that he has devised a way to communicate with people who, though can't move their limbs, are consciously aware.

While making a presentation at the Organisation for Human Brain Mapping Conference, Dr. Martin Monti of the Medical Research Council's Cognition and Brain Science Unit in Cambridge said that his work might have implications for the medical diagnosis of people in a vegetative state, and for determining whether to discontinue feeding.

Dr. Monti said that the study had a 100 per cent success rate in determining the right answer.

He said that the research might help, in the long term, reconnect patients with their families.

It might also be helpful in providing a solution to legal battles over whether to discontinue feeding a patient.

"There will be a lot of ramifications from this technology. The medical system needs to understand how to use it and at some point we have to look at the ethical and legal ramifications," he said.

"If you had a patient (in a coma-like state) who you could reliably see they do not want to live, how would you react to that?" he added.

Published by HT Syndication with permission from Asian News International.

Copyright © HT Media Ltd. All Rights Reserved. Provided by ProQuest LLC.

Doctors Say Medication Is Overused in Dementia

The New York Times today reports that dementia drugs are being overused in the United States.  Read the full article by clicking here.