An Abiding Presence - John C. Wunsch, P.C.
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An Abiding Presence

Depression as a serious medical condition – and not as an easily managed and self-chosen state of mind – has in recent years finally gotten the attention it deserves. There’s a large and growing body of medical literature on depression, its causes and effects, and there’s some promising new approaches on the horizon, including transcranial direct current stimulation (tDCS).[1]

Mercurial, multifaceted, depression remains an enigma, resistant to admonition and encouragement, impervious to strength of will or concentration of mind. It also gives rise to its fair share of remote and unpredictable side effects. One would think, for example, there would be no relationship between one’s mental state and the risk of falling. In fact, there’s medical literature that documents a link between those who suffer from depression and an increased risk of falls.[2]

Depression does not discriminate on the basis of age, sex, race, ethnicity, or profession. A recent and widely publicized study of airline pilots brought this issue to the fore, finding that “One-hundred and ninety-two (13.6%) of the 1413 pilots who reported working as an airline pilot in the last 30 days met depression threshold (Table 4).”

Proof of depression as an element of damage in a personal injury lawsuit can be complicated, requiring medical testimony from a qualified physician, psychologist, or therapist since2.5.17 the defense will invariably argue that other aspects of a patient’s life – personal and family relationships, etc. – played a contributory, if not determinative, role. As well, depression must never be confused with sadness, that transient and relatively undisruptive state of mind.

Adverse symptoms or malaise of some kind usually can be traced to a physiologic reaction—e.g. fever in the presence of flu. There’s no question that depression can be a side effect of any serious personal injury. The defense will argue that depression can also arise organically, with no precise triggering cause. But this assertion can often be rebutted. The reason depression follows an injury is not only due to physical trauma––it’s a natural psychic reaction. After all, in what other way can the human mind cope with pain?

“In addition to my other numerous acquaintances, I have one more intimate confidant… My depression is the most faithful mistress I have known — no wonder, then, that I return the love,” wrote Kierkegaard. For those who live with depression expect no one to ever fully understand. It will be with you at all times, an abiding presence, close by and at the ready, recognized and perceived by no other.

[1] See, e.g., Jean-Pascal Lefaucheur, et al., Evidence-based guidelines on the therapeutic use of transcranial direct current stimulation (tDCS), Pgs. 56-92, Clinical Neurophysiology 128 (October 29, 2016). http://www.clinph-journal.com/article/S1388-2457(16)30634-4/pdf

[2] Amanda L. Stewart, et al., Falls and Depression in Men: A Population Based Study, Pgs. 1-5, American Journal of Men’s Health (2015)(“In this group of men, depression in the past 12 months was associated with increased risk of falls during the same period.”) http://journals.sagepub.com/doi/pdf/10.1177/1557988315609111

[3] Alexander C. Wu, et al., Airline pilot mental health and suicidal thoughts: a cross-sectional descriptive study via anonymous web-based survey, Environmental Health 15:121 (December 15, 2016). http://ehjournal.biomedcentral.com/articles/10.1186/s12940-016-0200-6