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So far Opinion Editor has created 188 blog entries.

Independence Day

Whilst collaboration between claimant and defendant lawyers is considered the key to the success of effective rehabilitation, this case study is a reminder to take an open minded and consistent approach to rehabilitation, the odd leap of faith and to never, ever give up. In 2013 we were approached by my client, B’s mum about a statutory will to support her son who was residing in a residential care home. In 2011 B had sustained a very severe traumatic brain injury resulting in severe and complex neurological problems.

By |2024-07-04T17:55:01+01:002 April 2020|Opinion, Insight, News, Legal|
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The order of evidence in a catastrophic brain injury case

Order of evidence is important because it ensures that the nature and extent of the claimant’s injuries and their short-term rehabilitation requirements are identified and that the deficits are subsequently forensically analysed to ensure the appropriate damages are recovered. Every lawyer is different and they will have their own approach. Although this article identifies my own personal views, there will always be different approaches and the particular context of a case may necessitate a different approach too. Every lawyer is different and they will have their own approach. Although this article identifies my own personal views, there will always be different approaches and the particular context of a case may necessitate a different approach too. An example might be where there is a clear accommodation need at the outset of a case, a lawyer may instruct an architect at an early stage to comment on immediate adaptation works, rather than wait for the totality of the medical framework to come through.

By |2025-05-23T08:01:18+01:002 April 2020|News, Legal|
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Capacity to make decisions about using the internet

The development of the internet and social media has fundamentally changed the way in which people exchange information and engage with society. Use of the internet and social media is said to be of particular importance for people with disabilities, as it can offer opportunities for social inclusion, learning new skills and enhanced autonomy. However, using the internet and social media can also expose vulnerable people to the risk of abuse and predatory behaviour and the risks associated with accessing inappropriate content. It is therefore important that, when a person lacks the mental capacity to make decisions regarding their use of the internet and social media, steps are taken to ensure that their access to social media or the internet is managed in their best interests.

By |2024-07-04T17:55:01+01:0031 March 2020|Insight, Legal, Opinion|
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Kindness in therapy and why it’s important

As healthcare professionals, we are always kind, right? We always look at both sides of the argument, never judge others or get frustrated with our clients… Well, maybe not. Of course, we are human and just as easily swayed by our foibles as the next person. However, and this may sound obvious, when working with vulnerable clients and families as we do, there is an even bigger need for kindness to be at the core of our interactions. It was whilst standing in the school yard with my children that I first started to really think about this. We spend maybe five or ten minutes each day in the yard all of the other parents.

By |2024-07-04T17:55:01+01:0016 March 2020|Therapy, Opinion, Insight|
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Is it already time for rehab prescription 3.0?

Having spent over 20 years as a physiotherapist, I remember the initial problems experienced by patients and healthcare professionals in ensuring an effective joined up approach to rehabilitation. This was especially noticeable as patients moved between stages of recovery in acute centres and then on to rehabilitation in the community.  This gave rise to the initial concept of the Rehabilitation Prescription (RP) a decade ago. Having since retrained as a serious injury lawyer, I see similar issues still affecting my clients today. The RP should set out exactly what treatment is required for an individual in the aftermath of a serious injury, a bespoke approach to each patient’s specific needs.

By |2024-07-04T17:55:01+01:0010 March 2020|Opinion, Insight, News, Legal|
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How to be a better medical expert

There is more to being a good medico-legal expert than being a good doctor. It is rare to win a clinical negligence case (and this is my field) without good experts. But sometimes cases go wrong because the expert lets a client down. With the right expert evidence, people who should get damages win their cases but those who should not, do not pursue claims (and hopefully understand why). Costs are incurred on the right cases. My goal is for the right people to get damages and for the health service not to spend the minimum on costs in the process. With the right expert evidence, people who should get damages win their cases but those who should not, do not pursue claims (and hopefully understand why). Costs are incurred on the right cases. My goal is for the right people to get damages and for the health service not to spend the minimum on costs in the process. So after many years of running clinical negligence claims, here are 10 top tips on how to be a good medical expert.

By |2024-07-04T17:47:52+01:0027 February 2020|Insight, Legal|
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Worrying trends in health and safety enforcement

I recently read an article in a British Safety Council publication referencing HSE annual statistics noting that prosecutions for health and safety breaches were at a record low, with 2018/19 prosecutions down by 23 per cent from 2017/18 numbers, and more than a third since 2014/15. Concern was expressed that some employers were prepared to ignore health and safety laws believing that they would never be “caught”. Whilst it has always been the case that some element of employers are prepared to flout health and safety regulations for profit, or simply through recklessness, the concern is whether the proportion prepared to ignore these laws is growing or decreasing; whether the trend is going in the right direction.

By |2024-07-04T17:55:02+01:0015 January 2020|Opinion, Insight, Legal|
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What makes a good medico-legal expert?

A medico-legal expert’s duty is to the Court. They have a duty to be independent. They should have this duty at the forefront of their mind when carrying out their assessment(s) and when preparing their report(s). An expert’s evidence will be completely undermined if it transpires that they are saying what the party who is paying them wants to say unless that is their genuine view. It should go without saying that experts should be courteous to the Claimant and their families both during the assessment and in the report. There is an increase in Claimants seeking to record expert assessments either covertly or overtly.

By |2024-07-04T17:55:02+01:008 January 2020|Opinion, Insight, Legal|
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Why music is the key that unlocks family problems

In this age of strained healthcare resources, all therapists must be able to quickly and succinctly evidence their value. In the neurologic strand of music therapy, this is aided by an approach in which assessments feature prominently. In the psychodynamic branch of music therapy with children and families, however, measuring and reporting progress has long been a significant challenge. Why is it important to assess families and more specifically, the interactions between parent and child? The most crucial reason would be to protect the children from negative parenting behaviours such as neglect or abuse.

By |2024-07-04T17:47:58+01:0018 December 2019|Therapy|
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