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Expert reports

Brain injury and spinal injury expert reports

In order to investigate your brain injury or spinal injury claim, we will need to obtain various expert reports to help us to establish the extent of your injuries, your recovery potential and your long term needs in relation to medical care, equipment and therapy.  In a road traffic accident the cause of your brain injury might be clear but in a clinical negligence claim we will need medical reports on the exact cause of your brain injury and whether this has been due to a failing in your care.

In brain injury or spinal injury cases the experts we typically use include a neurologist, neurosurgeon and neuroradiologist, spinal surgeon, orthopaedic surgeon and radiologist.  Other medical experts may be needed depending on the background of your case.  For example, if you attended A&E with a history of headaches and then suffered a brain haemorrhage, or with severe back pain or complaints of paraesthesia, we might need an expert specialising in accident and emergency medicine.

We almost never ask doctors who are already treating you to advise as the doctor must be independent.

In order to prepare their reports, experts need to go through your medical records in detail and, in some cases, will examine or assess you.  When we get the expert’s report, we will discuss it with you and we can raise any queries with the expert.  If there are suggestions of clinical negligence we will assess whether the report will help you progress your claim. 

The defendant also has the right to have you examined and assessed by their experts.

Cases involving adult brain injury may also require an assessment of the injured person’s capacity to give instructions in the case, and to manage any award. This assessment may be carried out by an expert neurologist, psychiatrist or neuropsychiatrist.

If we are able to proceed with your brain injury or spinal injury claim, we will need to assess your care and therapy needs and potential recovery levels.  This involves obtaining reports from “quantum experts” to assess the extent of a particular need so that the cost of providing it can be valued.  These reports are essential to enabling us to estimate the value of your claim.  Experts that may be needed include experts in neurology, physiotherapy, occupational therapy, nursing/care needs, speech and language therapy, accommodation, assistive aids and equipment and psychiatry/neuropsychiatry.  The defendant will also need to obtain reports from such experts.

Our reports will be sent to the defendant with a schedule setting out our view of the likely value of your claim.  The defendant will do the same. If there are suggestions of clinical negligence we will assess whether the report will help you progress your claim.  The defendant also has the right to have you examined and assessed by their experts.

Cerebral palsy expert reports

In a child brain injury claim after a birth injury we will need to gather a number of reports from experts to assess the strength of your child's claim and whether it is likely to succeed.

We need to obtain the professional opinion of independent medical experts to assess whether the treatment or care you or your child received fell below an acceptable standard.  If the treatment was unacceptable, we will ask the expert(s) to consider whether the unacceptable treatment caused or worsened your child’s condition.

We will therefore need to find suitable experts to advise us.  We usually ask a doctor of the same specialty as the one involved in the incident.  In cases involving a brain injury to a child during labour, delivery or in the immediate period after the delivery, we will need to obtain a report from an obstetrician and/ or midwife.  We will also need to instruct a paediatric neuroradiologist and possibly a neonatologist and a paediatric neurologist.

In order to prepare their reports, the experts will need to go through the medical records in detail and, in some cases, to examine or assess your child.  When we get the expert’s report, we will discuss it with you and assess it to see if there is a claim.  The defendant also has the right to have your child examined/ assessed by their experts.

If we are able to proceed with your cerebral palsy claim, we will need to assess your child’s care and therapy needs.  This involves obtaining reports from “quantum experts” to assess the extent of a particular need so that the cost of providing it can be valued.  These reports help us to estimate the value of the claim.  The experts that are usually needed in a cerebral palsy claim are in nursing and care provision, physiotherapy, speech and language therapy, occupational therapy, educational psychology, accommodation and assistive aids and equipment. 

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