4.3 Article

The Intertwined History of Malingering and Brain Injury: An Argument for Structural Competency in Traumatic Brain Injury

Journal

JOURNAL OF LAW MEDICINE & ETHICS
Volume 49, Issue 3, Pages 365-371

Publisher

CAMBRIDGE UNIV PRESS
DOI: 10.1017/jme.2021.55

Keywords

Concussion; Traumatic Brain Injury; Malingering; Structural Competency; Stigma

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This essay discusses the prevalence of minor brain injuries in collision sports each year, highlighting the values and judgments reflected in scientific and clinical arguments about this public health crisis. The author suggests that there is often a lack of clarity and transparency in documents focusing on sources of uncertainty.
Every year millions of people suffer minor brain injuries, many of which occur in collision sports. While there has been substantial commentary and debate about the nature of this public health crisis, it is clear that the scientific and clinical arguments reflect values preferences and judgments that are often invisible in documents which combine artful language with undue focus paid to sources of uncertainty at the cost of clarity and transparency. This essay gives a brief history of these patterns and proposes a remedy.

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