Pianko Law Group

A Royal Pain: Did Henry VIII Have a Brain Injury?

Pianko Law Group
Pianko Law Group 
January 13, 2022

This English monarch is perhaps best known for creating his own religion, the Church of England, when Pope Clement wouldn't let him divorce his wife and marry his mistress. During the first part of his reign, Henry was widely regarded as a benevolent and effective king. Later in life, however, his reckless behavior might have caught up with him.

Scholars now believe this reckless behavior included at least one brain injury. During his 30s, he was hit in the head with a jousting lance. He also did a faceplant into a brook during an epic fail pole vault. Almost immediately thereafter, Henry began acting erratically. He also gained a lot of weight. That weight gain probably contributed to his death in 1547. He was only fifty-six.

Scholars now also believe that one of Henry VIII's predecessors, Henry V, also had a brain injury. During the Battle of Shrewsbury in 1403, then-Prince Henry took an arrow to the head. It burrowed deep in his skull. Quite remarkably, given the medical technology at the time, doctors were able to remove it, and Henry mostly recovered.

Personality changes and physical changes are two of the most common brain injury effects. When brain cells die, they do not regenerate. Furthermore, head injuries are usually degenerative. So, as the brain loses more and more mass, the body struggles to adapt.

The permanent and degenerative nature of brain injuries usually means lifelong medical bills. So, when resolving these cases, New York personal injury attorneys must tread slowly and carefully. If the settlement does not account for all probable future medical expenses, the victims are usually financially responsible for these charges. Group health plans usually don't cover injury-related costs.

What Causes Head Injuries?

Unlike Henry VIII, most of do not participate in Most Extreme Challenge activities like violent jousts and risky pole vaults. However, many of us will sustain a brain injury, or at least know one of these victims, during our lifetimes. Roughly two million people sustain Traumatic Brain Injuries every year. Vehicle collisions are the most common TBI cause. These incidents cobine the three most common TBI triggers. These triggering events are:

  • Trauma: The most advanced safety system in the world cannot possibly absorb all the force in a high-speed vehicle collisions. As a result, these victims often hit their heads on dashboards, steering wheels, and other solid objects. Additionally, when vehicles stop suddenly, loose objects in the passenger area, like cell phones, basically become high-speed missiles.
  • Motion: There injuries are a little more common in lower speed rear-end and side-impact crashes. Frequently, these wrecks don't pack quite as much of a wallop. Contrary to popular myth, the brain doesn't fit snugly inside the skull. Therefore, when the head snaps backward and forward, the brain slams against the inside of the skull.
  • Noise: Some doctors call head injuries the signature wound of the Iraq war. As many as half these veterans (not half the ones who were wounded) may have sustained TBIs. The noise of an explosive blast, like a roadside bomb going off, triggers shock waves which disrupt brain functions. Many car crash witnesses say these incidents sound like explosions.

Usually, driver error causes car wrecks. If that error was negligence, or a lack of care, car crash head injury victims may be entitled to compensation. This compensating usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Falls and assaults also cause many head injuries. Falls usually combine two of the three common triggers (trauma and motion). Assault-related TBIs could be a blow to the head or, in the unfortunate case of Henry V, a deep piercing wound.

Property owners are usually liable for civil damages in these situations. Generally, property owners have a duty of care to make their premises reasonably safe. This duty requires them to address fall hazards, like wet spots on floors, and provide adequate security.

ABIs (Acquired Brain Injuries) also affect many victims. Chronic medical conditions, like heart disease and diabetes, often cause these injuries. ABIs are especially common if a doctor doesn't promptly and properly diagnose the condition.

Diagnosis and Treatment Issues

Many chronic conditions are difficult to diagnose. Heart disease is a good example. As far as many doctors are concerned, heart disease is either a lifestyle or genetic condition. People without these red flags simply don't have bad hearts, at least in these doctors' opinions. Additionally, many heart attack patients don't have signature symptoms. For example, many female heart attack victims don't have severe chest pain.

TBIs are even more difficult to diagnose. Frequently, the brain can hide its own injuries very well. So, many TBI victims don't "feel" hurt. This issue is just one reason it's important to see a physician who focuses on injury-related matters if you are in an accident.

Lack of evidence usually contributes to misdiagnosis issues. Many doctors don't run a full battery of diagnostic tests, mostly because they are afraid the insurance company won't pay for them. Other doctors over-delegate test result analysis to patient care technicians and other professionals who don't have the proper qualifications.

Liability Issues

We mentioned negligence and a lack of care above. In New York, the duty of reasonable care, which applies in most cases, is based on the Golden Rule that children once memorized in school. In case you need a refresher, this rule is "Do unto others as you would have them do unto you." Motorists have a duty to drive defensively, and property owners have a duty to keep visitors safe. No one wants to dodge oncoming vehicles on the road or look over their shoulder at Walmart.

Comparative fault, or contributory negligence, is usually the most common insurance company defense in negligence cases. This legal doctrine shifts accident blame from the tortfeasor (negligent actor) to the victim. The insurance company has both the burden of production and the burden of persuasion in these instances. Lawyers must prove the defense legally applies, and also convince jurors that it should apply.

Accident victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in New York, contact the Pianko Law Group, PLLC. We do not charge upfront legal fees in these matters.

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