Insight

Many of our personal injury clients at Irwin Mitchell suffer from Traumatic Brain Injury (TBI). They rely upon case managers, rehabilitation therapists and support workers to help them function. Things that we take for granted can only be done with a lot of scaffolding in place. So what happens in a pandemic, when social distancing is enforced? The most obvious impact is that all of the treating therapists and support staff are unable to attend to provide the usual treatment and support.

A few months ago, my brother excitedly told us he was planning a trip to Holland with his friends because he thought a few days away would be a welcome break from the stresses of work. However, my sister did not share his excitement and her immediate response was to tell him not to go. When she failed to dissuade him, she told him to at least pack a face mask. This kind of response is not surprising at a time when the world has been brought to the edge of mania.  There is a name for this phenomenon- ‘moral panic’. Moral panic is a concept in sociology that refers to the phenomenon of a mass of people becoming distressed about a perceived threat or social issue.

The work of dietitians in post-stroke rehab is heavily built on relationships. First and foremost, we must build up a good relationship with the patient and their loved ones at an immensely difficult time for them. Where the patient has dysphagia (swallowing difficulties), for example, they may suddenly have been advised by a Speech and Language Therapist  to switch to a completely different texture of food, and potentially fluid, from what they’ve known throughout their life. Whether it’s pureed, minced or soft and bite sized, this is obviously a huge shift for somebody used to eating regularly textured food.

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.

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.

Following a serious road traffic accident, Louise Waller, from Waltham Abbey, Essex,  suffered multiple injuries, including a pneumothorax, severe pelvic fractures, which included a fractured acetabulum, while also suffering a fracture to the femur and fractures to both lower limbs – injuries that left her severely incapacitated. As part of Louise’s initial hospital treatment, the pneumothorax required a lobectomy, while the pelvic injuriesneeded multiple pins, with the tibia and fibula in both of Louise’s legs also requiring open reduction internal fixation. In addition to her physical injuries, Louise was also suffering from PTSD, which included extreme anxiety at the prospect of increased mobility.

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.

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.

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.

When a person sustains a brain injury and has to endure the long and difficult road to recovery, there seems no more unlikely time for an unexpected and prodigious talent to emerge.

Yet there are examples from around the world of people who develop such new-found capabilities after suffering a brain injury, in areas they had little or no interest or ability in beforehand.