Q: Had head injury & unconscious for short time. Went to ER with obvious head trauma. But no concussion test performed.

A: Based on the information provided and general legal principles here's how you might approach this situation:

Legal Basis for a Claim:

Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when there's an obvious head injury. Not administering a concussion test when a patient has lost consciousness could potentially be seen as a deviation from this standard.

Causation: You would need to establish that the failure to administer a concussion test directly led to your ongoing symptoms. This could be complex because concussion symptoms can manifest even if a test was performed, but not performing the test might have delayed proper treatment or diagnosis.

Damages: You've described ongoing symptoms that significantly impact your life. These could potentially be considered damages if they can be linked to the initial head injury and the alleged medical negligence.

Steps to Consider:

Medical Documentation: You need strong medical evidence linking your current symptoms to the head injury. This includes documentation from your primary care physician, any specialists, and potentially neurologists or psychiatrists who can testify about your condition.

Expert Testimony: A medical expert, preferably a neurologist or a brain injury specialist, might be necessary to testify that your symptoms are consistent with a concussion that was not properly managed initially.

Statute of Limitations: Be aware of the statute of limitations for medical malpractice in Oregon, which might limit the time you have to file a lawsuit. (This may be a big issue in your case)

Challenges:

Proving Negligence: You'll need to prove that the ER staff's failure to perform a concussion test was negligent and that this negligence directly caused or exacerbated your injuries.

Insurance Denial: The fact that your insurance denied advanced imaging might complicate matters, as it could be argued that this denial, not the initial ER visit, prevented timely treatment.

Causation and Pre-existing Conditions: If there were any pre-existing conditions or if there's a gap in proving that your current symptoms are solely due to the concussion, this could weaken your case.

While there might be grounds for a legal claim based on the scenario you've described, the success of such a claim would heavily depend on proving negligence, causation, and damages. Given the complexities involved, this is an instance where meeting 1:1 with a personal injury attorney where they can answer back and forth questions with you can help navigate the legal waters, gather necessary evidence, and determine the best course of action, including whether to pursue a claim against the ER or other parties involved in your care.