header-logo header-logo

24 April 2015 / Warren Collins
Issue: 7649 / Categories: Features , Personal injury
printer mail-detail

Pushing boundaries?

nlj_24_04_15_collins

Warren Collins explores the legal implications of medical deterioration in brain injury cases

Clinicians working in the field of brain injuries as well as the self-styled “neuro lawyers” have traditionally pigeon-holed brain injuries into a range from minor to very severe. This categorisation can in itself lead to difficulties in that these injuries do not always follow the predicted path. By their very nature, brain injuries throw up some interesting outcomes: some patients achieve far more than expected and others do disappointingly worse. The added complication is that neither improvement nor deterioration tracks a straight line path. I have often found myself advising clients and reminding opponents and the court that the only consistency in brain injury is inconsistency. This can all be rather inconvenient to the experts, lawyers and judges involved in brain injury claims where the parties must do their best to predict the medical future for the brain injured accident victim.

This problem has been ameliorated to some extent by the introduction of periodical payments (which the court has the power to vary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll