Migraine is a neurological disease that affects more than 39 million Americans. Almost a quarter of U.S. households have a migraine sufferer. Annually, approximately one million visits to hospital emergency departments are made for acute migraine attacks.
Lost employee productivity and healthcare costs associated with migraine are estimated to be as much as $36 billion annually. Employers may lose an estimated 113 million work days because of employee migraine.
It has been noted that “[v]erdicts in headache cases can exceed a million dollars,” which may, in part, be the result of physician testimony that there is no expectation that the plaintiff will get relief from the headaches in the future.
Attorneys, physicians, hospitals, risk managers, insurers, employers, and other potential parties to litigation need to understand the types of litigation issues that may arise in connection with an injury related to migraine.
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Attorneys:
What proof is needed for a claim involving a migraine-related injury? And, what is a potential strategy for the attorney to employ?
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Physicians:
How can liability for medical malpractice be avoided for a migraine-related injury? And, what is a potential strategy for the physician to employ?
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Insurers:
Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for a migraine-related injury? And, what is a potential strategy for the insurer to employ?
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Employers:
Can an employer be subject to liability for an employee’s migraine headaches or a related injury? And, what is a potential strategy for the employer to use?
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Risk Managers:
Can a risk manager prevent liability or mitigate damages related to an employee or patient’s migraine headaches or a related injury? And, what is a potential strategy for the risk manager to use?
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