Brain & Spinal Injury Handbook- 21/22

Page 120

FINANCIAL & LEGAL

Strength in DEPTH The Serious Injury Team at No5 Barristers’ Chambers prides itself on its strength in depth, with experienced counsel at all levels offering an exceptional understanding of complex clinical, causation and quantum issues.

W

e are regularly instructed in cases involving issues around capacity, provisional damages, PPOs and statutory funding. Members work nationally and internationally, with leading provincial and London solicitors and national defendant insurer firms. Most importantly, we pride ourselves on being accessible and responsive, working closely with those who instruct us to provide a proactive and strategic approach in order to secure outstanding results. Members are noted for their empathy and approachability. We are keenly aware of the need to see a claimant as an individual, not just as another ‘case’ and of the concept of facilitation i.e. by care and support, mobility aids and equipment, to support aspiration and maximise quality of life.

BRAIN INJURIES Our experience includes accidents at work and RTAs, from significant structural brain damage to more subtle brain injuries and post-concussional syndrome, cases of hypoxic brain injury, brain haemorrhage and delay in diagnosis of brain tumours.

Case examples include: Claim involving a moderate brain injury sustained by a young man in a road traffic collision. Issues involved failure to wear a seatbelt, but principally mental capacity and the long-term projections for case management and care. Case settled in seven figures shortly after a joint settlement meeting.

SPINAL INJURIES In addition to spinal injuries arising from trauma, our work includes clinical/ surgical mismanagement and spinal cord injury, including cauda equina, hip replacement, spinal and epidural anaesthesia and surgery.

We are regularly instructed in cases involving issues around capacity, provisional damages, PPOs and statutory funding.. Case examples include: Representing a T5 ASIA B spinally injured Claimant where, due to her age and urgent accommodation needs, the RCJ has agreed to expedite the case management of it, akin to a mesothelioma claim, and to proceed to £1 million+ interim payment application within weeks of the issue of proceedings. Working with specialist instructing solicitors to coordinate the instruction of a raft of Part 35 experts in the case of young man, aged only just 20 years at the date of his scaffolding accident, who unfortunately suffered a life changing T6 ASIA A spinal injury as a result. He is sadly partially dependent in all activities of daily living, requires extensive care and therapeutic input and is at ongoing risk of autonomic dysreflexia and syringomyelia with, realistically, no residual earning capacity.

Delay in diagnosis of mastoiditis leading to brain empyema causing brain damage and uncontrollable generalised epilepsy. Liability initially in dispute. Settled following a roundtable settlement conference for £6.5m. Wrongful birth claim arising out of negligent failure to diagnose microcephaly (a genetic brain malformation) during antenatal scanning. Settled at roundtable conference for £6m.

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2021/2 2

Contact the Serious Injury clerking team: Tel: 0845 241 7006 | Email: MT@no5.com

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Articles inside

A very special thank-you to all our contributors

2min
pages 138-140

Brain & spinal injury contact information

4min
pages 136-137

Personal Profiles

3min
pages 132-135

Managing finances following a brain injury

2min
page 131

What rehabilitation can help brain injured people live independently?

3min
pages 128-130

Brain & spinal cord injury: Fighting for what’s right

6min
page 127

Stress points in catastrophic injury litigation

7min
pages 124-126

Expert pre settlement - IFA services

3min
pages 118-119

A rehab-focused approach to damages

1min
page 122

Why the Serious Injury Team at No5 Barristers’ Chambers prides itself on strength in depth

2min
pages 120-121

Get 79 leading experts working for you

4min
page 123

Reject Alternative Dispute Resolution at your peril

2min
pages 114-115

Can the Court of Protection save my means-tested benefits after I inherit?

3min
pages 116-117

Release the cash you have tied up in your ongoing cases

2min
pages 112-113

Home Semen Retrieval: Ferticare 2.0 is back

1min
pages 108-111

One more step on the road to independence

3min
pages 106-107

Brotherwood case study - Ford Tourneo Connect

2min
pages 104-105

How to find the perfect chair?

4min
pages 98-99

Historical merged with contemporary - Moving accessibly between the centuries

2min
pages 100-101

The health & wellbeing benefits of a homelift

3min
pages 102-103

DIETZ Power – A masterpiece of empathy

3min
pages 94-95

Assistive technology provision: Matching the user with the right technology

2min
pages 96-97

Why manage posture?

4min
pages 92-93

Outstanding live-in care for clients with clinical needs

6min
pages 84-85

Vibrations and shocks during manual wheelchair propulsion

2min
pages 90-91

Superior Healthcare: The road accident that changed everything

2min
pages 82-83

National Nuerological Services - A division of the National Care Group

2min
page 89

Health And Social Care Services - Changing lives, one at a time

2min
pages 86-87

EnViva complex care

1min
page 81

Better quality of care for a better quality of life

2min
page 80

Complete Care Amegreen - Exceptional care for exceptional people

2min
pages 78-79

Promoting mental health as well as physical wellbeing

2min
pages 76-77

Jane James and Associates has been medico-legal reporting for over 35 years

3min
pages 74-75

MSP Case Management

2min
page 72

Traumatic brain injury (TBI) and the hidden losses in families

2min
page 73

Expert rehabilitation case management services

2min
pages 70-71

Anglia Case Management (ACM

3min
pages 68-69

Maintaining client care standards - How to plan for a transition during a pandemic

1min
pages 66-67

“Reflections on a year like no other – Adapting case management during a pandemic”

2min
pages 64-65

A person-centred approach to rehabilitation

2min
pages 62-63

Struggling to find trained, rehabilitation assistants who have something special?

4min
pages 60-61

Be more child-like to remove the barriers

2min
pages 56-57

BABICM celebrates its 25th anniversary

5min
pages 54-55

As a specialist case management service, what makes Emma Way Associates different?

2min
pages 58-59

“I’m so dizzy – My head is spinning”

5min
pages 48-49

What makes LDCM different

2min
page 53

Family Focused Interventions - What happens when we bolster family resilience?

6min
pages 46-47

A unique approach to finding and adapting a home

2min
pages 44-45

Richardson Care’s unique brain injury care and rehabilitation

1min
page 43

Getting a grip on making rehab fun

2min
pages 38-39

Complete Neuro Rehab - Helping you feel like... you

3min
pages 36-37

Think Therapy 1st - A brain injury case study

2min
pages 34-35

The Mental Capacity Act, deputyship and empowerment - The impact on occupational engagement

7min
pages 40-42

Improving rehabilitation outcomes… Is food and nutrition the missing link?

6min
pages 32-33

How to eat well with swallowing difficulties

4min
pages 30-31

New brain injury awareness programme to support teachers and school staff

9min
pages 18-22

Dedicated rehabilitation creating happiness daily

6min
pages 15-17

The benefits of using hydro/aquatic therapy to treat neurological conditions

4min
pages 12-14

UKABIF continues to drive change

6min
pages 10-11

The Spinal Injuries Association leads the way in supporting people with spinal cord injuries

5min
pages 8-9

How arts therapies can support the mental health of brain injury survivors

7min
pages 24-25

STEPS has just got even better! New world-leading rehabilitation technology now available

1min
page 28

Specialist rehabilitation after a brain or spinal injury

2min
pages 26-27
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