Opinion

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.

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.

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.

Swedish innovation the Mollii Suit is helping neuro- rehab patients with a range of conditions to regain lost functions and boost their quality of life, as Richard Welch explains here.

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.

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.

  https://www.youtube.com/watch?v=3-GiDOXvU-c Cambridgeshire dad Jason was on holiday in Portugal in 2012 when his life changed forever. A car hit him during an early morning bike ride, breaking his back, legs and ribs and severing his spine. Jason, from Littleport, received treatment for three weeks in Lisbon, before being moved to Cambridge. He then spent a further three months at Northern General Hospital in Sheffield. Here specialists gave him the devastating news that he would never walk again. Jason and his family contacted Irwin Mitchell’s specialist serious injury solicitors about making a claim to help fund his ongoing care needs.

A case manager’s role in a seriously injured person recovery cannot be understated, write David Withers, partner at Irwin Mitchell.