Legal Question in Personal Injury in California

My husband sustained 2 head injuries a week apart in January 2009. First was a fall on friend�s slimy porch stairs, slamming the back of his head on the steps. ER diagnosis was concussion with clean CT. Second was his getting hit by red-light runner. ER diagnosis was ataxia with clean MRI, but ER notes are more alarming and state he failed cerebella exam, shouldn�t drive, etc. Significant cognitive problems resulted with delayed onset of other symptoms such as incontinence, myoclonic jerks, movement disorders during sleep, severe obstructive sleep apnea with central events that persist even when using CPAP (and his lack of sleep/oxygen at night has significant impact on his mental cognition), aspirating problems that have resulted in 3 bouts of pneumonia, and a progressive decline in his overall health.

Ten months after accidents, finally get a Kaiser mini (2 hour) neuro-psych exam by some young arrogant hotshot psychologist who claims my husband failed the �effort� testing and then painted him out to be some psychotic loser based on his bipolar history and prior history of drug/alcohol abuse. I was appalled to read the summary and could only wonder what happened to �do no harm.� His regular MD, treating psychiatrist for the bipolar, and various other treating medical staff all concur he has post concussive syndrome and problems from the accidents. Unfortunately, neurology has been of no help without the neuro-psych report, which they wanted on the basis of determining best avenues for treatment. Otherwise, neurology has told us things like, �Yes, he has myoclonic jerks, but we can�t say what kind or why he has them.�

Now, not only are we getting nowhere in the healthcare system, but we�ve also been unable to find an attorney to take the case. They�ve stated that too much financial investment on their part would be required for experts to separate which injury caused what symptoms, as well as trying to override the damaging neuro-psych report. We are at a complete loss on what to do. Keep trying for an attorney? Try settling with the insurance company on our own, knowing that 18 months after the accidents and with no attorney that they will smell blood? Request a new neuro-psych evaluation? File a complaint against the neuro-psych doctor? Accept that my husband is just an unfortunate victim of circumstance with what appears to be life-long physical and cognitive problems who will get no monetary compensation to help offset his loss of earning capacity and quality of life?

The last 18 months have been nothing short of Hell, and I worry about his welfare should something happen to me. Any suggestions?

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