Legal
In a serious injury case, a plethora of expert evidence will be obtained, writes Irwin Mitchell's David Withers...
Guillain-Barré syndrome (GBS) is often triggered by a viral or bacterial infection such as flu or food poisoning, it causes the nerves in the arms and legs to become inflamed and stop working, usually leading to temporary paralysis which may last from a few days to many months. An estimated 1,300 people (1 to 2 people per 100,000) are affected by GBS annually in the UK. About 80 per cent will make a good recovery, but between 5 and 10 per cent of people will not survive and 10 and 15 per cent may experience long term residual effects ranging from limited mobility or dexterity, to life-long dependency on a wheelchair. One such example is William Marsh, 57, from Glamorgan, Wales, who suffered from symptoms including stomach cramps and diarrhoea towards the end of a week-long all-inclusive holiday to the Dominican Republic in September 2018 which was booked to celebrate his 25th wedding anniversary.
Somatic Symptom Disorder (SSD) is a psychiatric condition which involves a person experiencing physical symptoms, often chronic pain, which results in major distress and/or problem functioning. The symptoms may or may not be traceable to an organic cause. It is to be strictly distinguished from malingering. SSD sufferers are in no way faking their symptoms and the distress and pain they experience is real and often very profound. I was first instructed on behalf of a client, who later went on to be diagnosed with SSD, in February 2017. My client, Kerry, had initially instructed another firm of solicitors before I took over the case.
The individual was crossing the road when the driver failed to stop or spot them, sending the pedestrian careering forward before the vehicle accidentally ran over the person again as the driver attempted to stop. Winn Solicitors acted for the claimant and helped to co-oridnate their medical treatment. The client spent approximately six months in hospital after suffering a number of injuries. A physiotherapist, neuropsychologist and support workers were all arranged. Due to the severity of the brain injury sustained, a Court of Protection Deputy was also brought in to help the client manage their property and financial affairs.
Individuals who have suffered a traumatic brain injury or other serious injury are of course vulnerable especially in the current climate. If a traumatic event has caused the injury, friends may slowly drift away and social isolation becomes problematic. There are some fantastic support groups for those with brain injury, such as, for example, Headway. Headway has a national branch and many local groups and branches to support those with an acquired brain injury. Irwin Mitchell has a unique offering of client liaison managers. They are nurses, occupational therapists and social workers by background. They support our clients throughout litigation before liability (fault) can be established.
In years gone by, the relationship between rehabilitation professionals and law firms perhaps wasn’t always the easiest.
But having been a physiotherapist for over 20 years before moving into serious injury law, I have seen from both sides of the fence how relations have improved over time; benefitting patient outcomes in the process.
Historically, healthcare professionals could be somewhat defensive in their dealings with serious injury solicitors.
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.
The Coronavirus Act 2020 intends to help services cope with a limited number of staff available to help people with care and support needs. It gives local authorities the option to suspend some of their duties under the Care Act if they think it’s reasonable to do so. This could be because there aren’t enough staff to cope with an increased demand over the next few months. Local authorities must follow a specific decision-making process to decide if they need to suspend these duties. Local authorities should also let carers and people using their service know if they’re going to suspend these duties. The suspended duties are called the ‘Care Act easements’.
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.
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.
