A traumatic brain injury diagnosis rarely marks the end of someone’s medical needs — it often marks the beginning of a long recovery that depends on consistent follow-up care to prevent serious complications. Yet research published in JAMA Network Open found that fewer than half of discharged TBI patients received any type of follow-up symptom review or care within three months of their injury. That gap can cause lasting harm, and in some cases, it reflects a breach of the standard of care that may support a legal claim.
The brain injury and medical malpractice attorneys at Wagner Reese work with Indianapolis and Indiana families affected by traumatic brain injuries, including those resulting from accidents and those involving inadequate medical treatment. If a brain injury has changed your family’s life, we can help you understand your legal options.
Key Facts About Traumatic Brain Injury
- Traumatic brain injury is a major cause of death and disability, affecting an estimated 1.7 million people in the United States each year.
- TBI contributes to approximately 30 percent of all injury-related deaths nationally.
- Fewer than half of hospitalized TBI patients receive follow-up care or educational materials within three months of discharge, according to the USC-led JAMA Network Open study.
- Roughly one-third of patients with a positive CT scan finding had no follow-up appointment scheduled three months post-injury.
- When a medical professional fails to diagnose or properly treat a TBI, there may be a case for medical malpractice under Indiana law.
What the Research Found About TBI Follow-up Care Gaps
A study led by researchers at the University of Southern California and published in JAMA Network Open examined outcomes for 831 patients discharged from the hospital following a traumatic brain injury. The findings raised serious concerns about how consistently patients receive the follow-up care they need after discharge.
Fewer than half of the patients reported receiving TBI educational materials at discharge or seeing a physician or other health care practitioner within three months after injury, at 42 percent and 44 percent respectively. Among the most alarming trends: roughly a third of the patients with a positive finding on a CT scan had not been scheduled for any type of medical assessment three months after the injury. Only 52 percent of the 279 patients with three or more moderate-to-severe post-concussive symptoms had seen a medical practitioner by the three-month mark.
The three-month window post-injury is particularly critical. Without proper monitoring, consequences can worsen rapidly, and opportunities for intervention that could improve long-term outcomes are missed.
How Traumatic Brain Injury Is Diagnosed and Treated
The most serious TBIs can quickly become emergencies, and rapid, accurate diagnosis is critical to preventing further harm. Emergency and trauma physicians use several tools to assess TBI severity and guide treatment decisions. The 15-point Glasgow Coma Scale evaluates a patient’s ability to follow directions, speak, and move their eyes and limbs — a low score on this scale signals a serious injury that requires immediate further evaluation.
Imaging tools and monitoring commonly used in TBI diagnosis and management include:
- Computed tomography (CT) scan: creates a detailed image of the brain to identify fractures, bleeding, blood clots, and bruising.
- Intracranial pressure monitor: a probe inserted through the skull to track brain pressure in severe cases.
- Magnetic resonance imaging (MRI): provides more detailed soft-tissue images and is typically used after the patient’s condition stabilizes.
Treatment depends on injury severity but almost always requires close monitoring and structured follow-up. Medication, surgery, physical rehabilitation, and neuropsychological assessment may all play a role in recovery. Early and consistent follow-up care is not optional — it is often what determines whether a TBI patient regains function or continues to decline over time.
When Inadequate TBI Care May Support a Medical Malpractice Claim
Not every gap in follow-up care rises to the level of medical malpractice, but some do. When a health care provider fails to order appropriate diagnostic testing, fails to schedule follow-up care for a patient discharged with a documented TBI, fails to recognize and treat worsening post-concussive symptoms, or discharges a patient without appropriate education about warning signs, and that failure causes the patient’s condition to deteriorate, there may be a basis for a claim.
Indiana medical malpractice law allows injured patients to pursue compensation when a health care provider’s conduct fell below the accepted standard of care and that deviation caused measurable harm. These cases require thorough investigation, detailed medical record review, and analysis by qualified medical professionals. A medical malpractice attorney can evaluate whether the care your provider gave met the standard that a competent physician in the same specialty would have provided.
What percentage of TBI patients received follow-up care within three months in the USC study?
The study published in JAMA Network Open found that fewer than half of the 831 patients discharged with a traumatic brain injury reported receiving TBI educational materials at discharge or seeing a physician or other health care practitioner within three months of their injury. Approximately 42 percent received educational materials, and 44 percent saw a practitioner within that window. Among patients with documented CT scan findings, roughly one-third had no follow-up appointment scheduled at three months post-injury.
Can I file a medical malpractice claim if my TBI follow-up care was inadequate?
Possibly. A viable medical malpractice claim requires showing that a health care provider’s care fell below the accepted standard of care for treating traumatic brain injuries, and that the deviation caused you measurable harm. Not every instance of suboptimal follow-up rises to that legal threshold, but cases involving missed diagnostic findings, failure to schedule critical appointments, or discharge without appropriate monitoring instructions can support a claim. An attorney experienced in medical malpractice can review your records and advise you on whether your situation meets the legal standard.
What is the Glasgow Coma Scale and how does it help diagnose TBI severity?
The Glasgow Coma Scale is a 15-point neurological assessment tool used by emergency providers to evaluate the severity of a traumatic brain injury at the time of the initial evaluation. It assesses three categories: eye opening, verbal response, and motor response. A total score of 13 to 15 indicates a mild TBI, 9 to 12 indicates moderate TBI, and 8 or below indicates severe TBI. The score guides immediate treatment decisions and helps determine which imaging and monitoring are appropriate for the patient’s condition.
What is the statute of limitations for a TBI-related medical malpractice claim in Indiana?
In Indiana, medical malpractice claims are generally subject to a two-year statute of limitations, running from the date the claimant knew or reasonably should have known about the malpractice. There is also a ten-year absolute outer limit in most cases. Indiana requires medical malpractice claims to go through the state’s Medical Review Panel process before a lawsuit can be filed, which adds time to the overall process. Consulting an attorney promptly after discovering potential malpractice is important to protect your right to pursue a claim.
Contact Wagner Reese, Indianapolis Brain Injury and Medical Malpractice Attorneys
With years of experience handling brain injury and medical malpractice cases, founders Steve Wagner and Jason Reese have built a practice around the legal support and advocacy that TBI victims and their families need. Our attorneys know the nuances that complex brain injury and malpractice cases demand, and we fight to restore the balance of power so you can focus on health and healing.
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