This document discusses complex injury cases and the role of rehabilitation. It covers reviewing medical records, instructing medical experts, rehabilitation needs assessments, physiotherapy, case management, prosthetics options, collaborative working between legal teams and rehabilitation providers, housing adaptations, and the importance of thorough precognitions in building a strong case.

1. Complex injury cases and the
role of rehabilitation
Jodi Gordon – RTALS LLP Partner

2. RTALS LLP

3. RTALS LLP

4. trading as

8. Sally Nicol

9. Leslie O’Donnell

10. Medical record reviews

11. Medical record reviews
1. Is the date of incident
correct?
2. What injuries were
recorded?
3. Speed?
4. GCS?
5. Easier to direct and select
your medical expert.

12. Instruction of Medical Experts
• Identify correct expert.
• More than 1?
• Crossover?
• What do you need them to comment on?
• How is the injury affecting your client?
• Pre-existing issues?
• Is speed a factor?
• Protective clothing?
• Relevance to injury?
• What does the report & prognosis mean?

13. Consultant’s report and prognosis

15. Equipment and Adaptations
1. Get to know your client.
Ø Hobbies pre-incident?
Ø Current goals?
2. Are their dreams achievable?
3. Input needed?
4. Expert input needed?
5. Any other users already?
Ø Para Skiers
Ø Para Mountain Bikers
Ø Para Sailors
Ø The list goes on….

16. Hilary Lister
Sip-and-puff
technology

17. Cyclone Quadrix Axess

18. Catastrophic Injuries
• Open fracture to left
humerus.
• Fracture to left shoulder
blade.
• Fractured left
collarbone.
• Left-sided rib fractures.
• Right elbow dislocation.
• Right forearm and wrist
fractures.
• Fractured right
thumb.
• Internal bruising to
the chest.
• Soft tissue injuries to
pelvis.
• Fracture to right
ankle.
• Fractured left heel
bone.

19. Simon Smith

20. Rehabilitation
ØInitial needs assessment
ØPhysiotherapy/Counselling
ØCase management
Code of best practice.

21. Swift v Carpenter
ØSwift was involved in a serious RTA.
ØBelow knee amputation of her left leg.
ØArgument between parties over two
prosthetics provisions.
ØClaimant only trialled one.
ØAdjustable heel height.

22. Microprocessor v Hydraulic
Echelon Meridium

23. Mrs Justice Lambert
Ø “However, although I have been invited by both parties to express a
preference for one expert over the other on the basis of points
scored in cross examination, in the end, my resolution of this aspect
of the claim does not turn upon the expert evidence. All of the
experts were in the same position in that, although each expressed
marginal preferences, none were in a position to advance a positive
case for the Meridium over the Echelon, or vice versa, in the absence
of the Echelon prosthesis ever having been tried by the Claimant”
Ø “Outside the medico-legal context, the clinical experience of the
prosthetist and the personal preference of the user are likely to
determine which one is eventually prescribed, rather than claims
made by the manufacturer as to the theoretical function of any
particular model.”

24. Microprocessing Knee options
Kenevo
Genium x 3
Linx C-Leg

25. Collaborative working
Ø Them v Us.
Ø Adam Wagner v Thomas Grant and Another.
Ø Interim payments.
Ø Savings.

30. Private Rehabilitation Hospitals

31. Care and Needs
ØIndependent living
ØUse of Technology around the home
ØOT Assessments
ØTherapy
– Neuro-physiotherapy
– Hydro-therapy

32. Support Groups
• Cycling UK – Edinburgh All-ability Bike Centre
• Charities – Horatio’s Garden
• Looking at the physical, psychological and
emotional benefits

34. Support Groups
• Cycling UK – Edinburgh All-Ability Bike Centre
• Charities – Horatio’s Garden
• Looking at the physical, psychological and
emotional benefits

35. Kagyu Samye Ling Monastery and
Tibetan Centre

36. Housing
Ø Does your client own a property?
Ø Roberts v Johnstone calculation à Swift v Carpenter
(Appeal decision).
Ø Housing expert.
Ø What does the client need?

37. Precognitions, precognitions,
precognitions
ØThe foundation of the entire case
ØAny material change or update
ØServices statements
ØStatements from clinicians
ØStatements from employers
Ø‘A day in the life of’ video

38. Before and after precognitions
ØWho was your client before this incident?
ØWhat were their likes and dislikes?
ØWhat were their hobbies?
ØHow sociable were they?
ØHow have their injuries changed them?
ØHelps to build a picture and prepare your case.
ØBefore and after video

39. “Fail to prepare, prepare to fail”

40. Questions?