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Domestic Violence Advocates Push for Brain Injury Screenings

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The last thing a domestic violence victim want to take with them as they leave an abusive relationship is a lasting injury. Unfortunately, advocates are now realizing that many survivors suffer traumatic brain injuries that are going undiagnosed because of poor screening. Now domestic violence advocates are pushing for emergency rooms to adopt the same traumatic brain injury screening protocols for survivors of domestic abuse as they currently use in auto accident and athletic injury cases.

Domestic violence can leave physical and emotional scars that survivors carry with them for years. But in some of the most severe cases, the injuries go even further. The New Yorker recently reported on how victims of strangulation can suffer traumatic brain injuries without police, doctors, or courts ever realizing it. As Rachel Louis Snyder explains:

Such incidents can cause brain injury—mild or traumatic—not only by cutting off oxygen to the brain but because they are often accompanied by blunt-force trauma to the head. Still, victims of domestic violence are not routinely screened for strangulation or brain injury in emergency rooms, and the victims themselves, who tend to have poor recollections of the incidents, are often not even aware that they’ve lost consciousness. This means that diagnoses are rarely formalized, the assaults and injuries are downplayed, and abusers are prosecuted under lesser charges.

Traumatic brain injuries are a big deal. As brain injury expert David Christensen explains, even after a “minor” concussion without a loss of consciousness, a patient can suffer:

  • Headaches,
  • Nausea,
  • Vomiting,
  • Dizziness,
  • Loss of sense of taste or smell,
  • Ringing of the ears,
  • Amnesia or memory loss,
  • Short term memory interruption, and
  • Temporary loss of cognitive skills.

If those injuries go undetected, secondary injury caused by brain swelling and loss of blood flow can significantly affect strangulation victims’ lives for years after the event. Auto accident attorneys and athletic coaches have developed traumatic brain injury screening protocols that can identify these injuries right in the emergency room or on the field.

But because only 15% of strangulation cases leave significant physical marks, many domestic violence victims don’t get the swift traumatic brain injury diagnosis and treatment they need to protect them from lasting injuries. Instead police downplay strangulation events as “redness, cuts, scratches, or abrasions to the neck.” Because trauma survivors often have poor memory of the incident, emergency rooms often skip the CTs scans and MRIs that would identify brain injuries early on.

When traumatic brain injury symptoms pair up with trauma responses, it can cause havoc on a domestic violence survivor’s ability to explain what happened to police, attorneys, and courts. They may not remember the incident, or their memories could change over time, making it seem like they are lying to uninformed listeners. Trauma survivors may find it difficult to tell their stories and get the help they need to get safe.

Domestic violence survivors need strong advocates who understand the effects of their experiences from beginning to end. In the courtroom, trauma-informed family attorneys and prosecutors can help victims demonstrate their needs and get them met. But as advocates are coming to understand, the need for support and screening starts from the moment of police contact. By implementing traumatic brain injury screening protocols in emergency rooms and police departments, abuse advocates can take a huge step forward to protecting domestic violence survivors from day one.

Lisa J. Schmidt is a family attorney at Schmidt Law Services, PLLC, in Ferndale, Michigan. She represents domestic violence victims in divorce and custody actions against their abusers. If you know someone leaving an abusive relationship, contact Schmidt Law Services to schedule a free consultation.


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