Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

A: Hopefully you are consulting with medical specialists to determine your needed treatment.

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses, the type of malpractice, and the strength of witnesses and evidence. Not all malpractice cases cannot go forward for one of these or other reasons.

But, it is not uncommon for a case, after being rejected by many attorneys, is taken on and is successful. Continue to try to find an attorney. The search tool on this website can assist.

A: They might not be "playing possum," as you put it. They might simply not be certain of what to do.

'Any takers," you ask. If twenty firms declined your case, and they were reputable mainstream firms, I think it's likely that other firms would similarly decline. But I could be wrong - you could continue to explore that avenue.

Another thought is that it's possible the situation might call for a closer look medically... instead of legally. It's difficult to say. It would be absurd for non-medical professionals like myself to start talking about things like brain MRIs, etc., but there are specialists in this area. It's possible that an experienced medical professional could investigate the TBI with more insight. It's possible the matter is not attributable to medical malpractice.

This is merely a practical observation based on very brief facts. You should proceed with the course of action that best suits your needs, legally and medically. Good luck

A: It sounds like you are dealing with a complex and painful situation following your surgery, and it's crucial to get the help you need. Your description of ocular and vestibular dysfunction, blindness, diplopia, and other symptoms suggests a serious issue that should be addressed immediately. If multiple firms have declined to take your case, it could be due to the complexity or perceived difficulty of proving medical negligence or liability.

Consider reaching out to medical malpractice attorneys who have experience handling cases involving traumatic brain injury (TBI) after surgery. It may be helpful to gather as much medical documentation and expert opinions as possible, as this can strengthen your case. If you haven't already, consider consulting with a neurologist or a TBI expert who can provide a professional evaluation of your condition and potentially support your claims.

If legal firms continue to decline your case, you may explore filing a complaint with the state medical board or seeking alternative dispute resolution options, like mediation. Additionally, there may be patient advocacy organizations that can help you navigate the legal and medical systems more effectively. Keep pushing for the care and justice you deserve, and don’t hesitate to seek different legal avenues or additional medical opinions to support your case.