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ARTICLE · 22 MAY 2023

The Court As Gatekeeper Of Concussion Diagnosis Evidence

Alexander Holburn Beaudin + Lang LLP
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Claims of minor traumatic brain injury (MTBI), more commonly known as concussion, have long been the subject of intense legal battles in the courtrooms of British Columbia.

CanadaLitigation, Mediation & Arbitration

DIAGNOSING CONCUSSION

Claims of minor traumatic brain injury (MTBI), more commonly known as concussion, have long been the subject of intense legal battles in the courtrooms of British Columbia. At the heart of the dispute is that there is no single determinative test to diagnose or rule out an MTBI. For example, MRI scans (which can track structural changes in the brain) are often normal following an MTBI, as the damage from an MTBI manifests on a microscopic level. As a result, MTBI is generally diagnosed on clinical assessment, based on the plaintiff's report of impaired consciousness, amnesia, and/or cognitive/memory complaints, among other diagnostic indicators.

That said, certain imaging tests may be more informative than others. In contrast to MRI or CT scans, which capture structural information, functional imaging tests such as Single Photon Emission Computed Tomography (SPECT) show blood flow activity in tissue and provide insight into their

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