How the law can be a force for good for brain injury survivors

Jane Lynch, head of clinical negligence and complex injury and a specialist in brain injuries at law firm Prosperity Law Solicitors, discusses the importance of appointing a lawyer with specialism in handling brain injury claims to secure the best possible outcomes for clients

Please introduce us to Prosperity Law Solicitors.

Prosperity Law is a young firm and has a wealth of experienced, high calibre, leading lawyers. The firm has grown rapidly and has offices in London, Manchester and Liverpool. We operate across the whole of England and Wales. We offer a range of services including serious and complex injury claims, clinical negligence, personal injury, notary public, commercial, conveyancing, employment, family, trusts and wills.

We pride ourselves on focusing on our clients’ needs with empathy and compassion obtaining the best outcome, always seeking to exceed their expectations.

We proudly support numerous local and national charities, including Manchester Mind and Macmillan Cancer Support and we lead by example. In fact, our Managing Partner Edward Smethurst was awarded the Cancer Research UK Flame of Hope Award in 2020, in recognition of his fundraising activities. Edward has raised, in total, over £250,000 for Cancer Research. He’s an incredible example for the firm.

How long have you worked in the specialist field of brain injury?

I have been a specialist in this area for over 27 years since I qualified in 1996. I became a partner very early in my career in the City of London firm, Pritchard Englefield who had merged with Pannone & Partners regarded as pioneers in specialising in serious injury work and multiparty/disaster litigation. I have been working in the field of brain injury ever since. My expertise includes working with birth injuries where babies have suffered brain injury as a result. I am accredited as a specialist by the Law Society. I have shared my knowledge with the health sector as a medico-legal trainer for the NHS and private care providers. I have spoken at conferences worldwide and am highly regarded in my field. I am the author of award winning series of medico-legal books written for health professions. I have written many articles for medical journals including neurological publications. and I also put helpful articles on our website.

What do you believe makes you stand out in this area?

My significant experience in head injuries sets us apart from competitors. I have achieved millions of pounds in compensation for serious brain injury claims for adults and children. I have dealt with a wide range of brain injuries resulting in minor and catastrophic injuries as a result of accidents and medical mistakes. I also have particular expertise in birth injury claims resulting in brain injury often resulting in acquired cerebral palsy. It is essential to put rehabilitation in place at the earliest opportunity to achieve the best outcome for clients. This may include a range of care packages including treatment, support, aids and equipment and adaptions to the home. I am adept at identifying that symptoms can be masked sometimes unintentionally and dealing with this to ensure it does not impact on the clients’ needs and ultimate settlement.

Why would a client appoint you ahead of your competitors?

We are a niche practice specialising in serious brain injury. We offer a personal service unlike large firms who often delegate to junior staff under supervision. Our senior experts handle the cases personally. They gain in-depth knowledge of the client, the circumstances and their needs. I am regularly complemented by my clients for my thoroughness and diligence, never shying away from issues, taking time to explain complex medical and legal issues in a way that they understand.

I have genuine empathy for clients. I understand their needs, knowing what to say and what not to say. My clients describe me as ‘caring, approachable and empathetic, but fights her cases with tenacity’.

The legal process can be daunting for a client and their families. It is important to consider the impact this can have on the wider family and those supporting the client. I strive to ensure they are being supported and reassure them the client is receiving the treatment and care they require whilst being clear about the legal process and hand holding them through it.

What is unique about a brain injury claim? Does it differ from a standard personal injury claim?

Brain injury claims are very different from other claims. It requires a very skilled solicitor to illicit the correct information. Often clients present in a way where injury is not obvious. They will sometimes be adept at masking the consequences of a brain injury through valour, denial or embarrassment often claiming they can do something well when they cannot.

Even when they are assessed by an expert their presentation can be misleading. They can present well when they are viewed in a short assessment offering the most positive responses and usually when they are brighter such as at the beginning of the day. A very different picture would often emerge if they were tired at the end of a day, fatigue can have a major impact. As an experienced brain injury specialist,

I am aware of these inconsistencies and ensure the experts are fully informed of the real issues and measures are taken to ensure the full picture is taken into account. Often those who have suffered a brain injury don’t look any different to how they looked before but the difference can be significant. It can often impact on cognitive ability, personality and mood changes and behaviour, including inhibitions. Clients can have many difficulties including lack of concentration, memory loss, inability to organise and have difficulty communicating. There are other underlying issues which can impact such as fatigue, pain, vision issues and loss of taste and smell. Some clients can develop mental health issues such as depression.

Some clients function well day to day, whilst others may not function well and do not have capacity to manage their legal or financial affairs. In these circumstances others will need to make decision on their behalf and assist them with the legal process. There may also be some involvement with Court of Protection.

If you would like advice, please contact Jane Lynch at Prosperity Law on 0151 909 9122 or email her at Jane@ProsperityLaw.com

Good organisation, structure and teamwork are just as crucial to delivering effective personcentred care as clinical expertise. This is the view of Laura Richardson-Cheater, director and owner of Richardson Care in Northampton.

Richardson Care has six specialist residential services for adults with acquired brain injury or learning disabilities and complex needs. It is a family-owned and run business and was established in 1989. It has grown steadily over the last 34 years, but still retains its unique family and homely environment.

Holistic approach

Laura Richardson-Cheater says: “There are so many different elements to providing person-centred care and they are all underpinned by good management, structure and teamwork. At Richardson Care, we have a high-calibre team of specialist neuro therapists who work directly with our service users. The disciplines include occupational therapy, speech and language therapy, physiotherapy, psychiatry and psychology. The multi-disciplinary team (MDT) also includes the managers of our residential services. They meet on a weekly basis to review care plans and to discuss any changes, additional needs or issues that have arisen. They share their knowledge and experience to find solutions and deliver holistic care. “We support individuals who have complex needs, so the outcome of their therapies and their wellbeing is influenced by many factors. For example; mood, engagement, motivation, sleep, nutrition and environment. These vary according to each individual. Therefore, it takes a team of people to ensure the best outcome for each service user.”

Care teams

Laura continues: “Our care and activity support workers also work in teams. There are a number of teams for each service, depending on the size of the home. Each team is run by a senior support worker, and this additional level of staffing allows the Homes Managers to better manage the service overall. “In addition, we have a clinical head, who is responsible for the overall delivery of clinical care and a head of care, who is responsible for the operational side of the organisation.

Putting the service user first

Good structure and organisation doesn’t mean that routines are imposed upon the service users. For example, they are not all required to get up at the same time, or to have breakfast at the same time, etc. All decisions are made in consultation with the service users. Although some of them are non-verbal, Richardson Care uses different techniques to help them communicate and always puts their views first. “We have always aimed to create an environment that feels like home. We take a lot of care over the physical environment as well as the atmosphere with the home. That comes down to the people we employ, the service users we admit to each service and the culture of the organisation”, concludes Laura.

For more information call 01604 792166 or visit www.richardsoncares.co.uk