How does an Expert Opinion impact upon such cases?
I work on catastrophic cases of Spinal Injury and Brain Injury - these are significant and life-changing episodes in a person’s life, where their life will never be the same again. It is the role of the Expert to assess each individual, the extent, and consequences of their injuries upon their ability to function and participate in life and form the outline of their needs for the rest of their life. This has to be a team effort, as the team of experts, which can be many in some cases, have their own clinical views but collaboratively, they bring together a wealth of knowledge that the clients and the Courts will use to help map out the future. It is not without sadness at times, in that a client will see the less positive sides of their life, (in term of life expectancy and other factors that will impact upon them). However, it is key that the experts who are approached to take on this role do so in a sensitive manner, providing guidance that is primarily for the Court, as well as documents that the client can refer to for the rest of their life.
What impact can an injury that requires physiotherapy have upon some one’s life? How should this shape the outcome of a legal case?
I do encounter some solicitors who are “in beyond their depth” and do not share that with their clients.
As Expert Physiotherapist, I have assessed some extremely challenging cases with significant loss of movement, sensation, and function, and then, on the other hand, those with no neurology complications, but significant levels of pain that have an equal impact upon function. What I have learnt over the years, is that the same amount of tolerance and understanding must be given to those extremes of disability - as so many people have different views of disability, tolerance, and application. No two reports will ever be the same - they might have the same headings, but the narrative and impact can vary so widely. In my reports, I not only refer to the physical impact upon the clients and their physical needs, but I have also recognised how my assessment has been of help to other experts, to assist with care and equipment guidance, in particular.
Does the outcome often reflect the person’s needs? If not, what needs to change?
I believe that the success of the claim for the client comes from using the right legal team to lead the process, supported by the correct/best case manager and rehab team for the role. I do encounter some solicitors who are “in beyond their depth” and do not share that with their clients.
In practical terms, as a case manager and treating physiotherapist, I do see how cases progress after settlement (both for the positive and the less so).
Clients who can move from litigation to post settlement may find it a challenge - where they may see the insurers/defence team as the enemy and will focus their emotions on this which can result in one major emotion: anger. What they do find challenging is that life does not change after settlement, and there is no one to vent their anger upon and that feeling of relief that the case is over is soon taken over by the reality of other challenges, i.e. how to make the funds last.
Good preparation is key; know your client’s name, family members and not to get lost in your papers, but to focus on them and of course, that includes silencing your phone.
When working with more established legal teams, there is a better transition but this is not necessarily the case with teams who have limited experience as clients can feel they are left high and dry.
What common challenges do you face when undergoing a client assessment. How do you overcome them?
I think the biggest challenge is to establish a good rapport with a client which will form a solid basis for good communication and smooth running. It is harder if the client has had a poor experience with another Expert. I do find that personally I get on well with people, and so the assessment does run well. Perhaps the hardest part is when you are meeting a client who lives in the middle of nowhere, the postcode drops you in the middle of a field and you have no reception on your phone. I have a few strange stories to tell on that front.
Good preparation is key; know your client’s name, family members and not to get lost in your papers, but to focus on them and of course, that includes silencing your phone.
Over the COVID period, use of virtual platforms has been used to aid at least the subjective part of the assessment. However, in terms of physical examination - that has proven to be difficult. I am trying a new method, using the client’s supporting staff and treating physiotherapist to demonstrate the movements I request, however, these reports will then require follow up assessments as I cannot rely upon the clinical skills of those people, and the other qualitative detail that my skill and expertise will draw out. It will be good to be back on the road.
Jennifer M Whittall
Suite 3, Preston House, 6 Hawksworth Road, Central Park, Telford, TF2 9TU
Tel: 01952 290353
Email: enquiries@jmw-ltd.co.uk
www.jmw-ltd.co.uk
Jennifer M Whittall Ltd has been established since 2006.
I started out life as a Chartered Physiotherapist, working at the Midlands Centre For Spinal Injuries, based at the Robert Jones and Agnes Hunt Orthopaedic Hospital in 1982. It was there, under the guidance of Professor Waghi El Masri, and Keith Kushner of Potter Rees (at the time), I was introduced to the world of Expert Writing; that was in 1992 and the rest, as they say, is history.
As a Care Manager and then a Case Manager for Complete Care Holdings, alongside Barbara Scandrett, I was able to experience greater exposure in this field; managing care packages (including ventilator-dependent clients), which widened my knowledge and progression into starting my company in 2006, specialising in Case Management, Rehabilitation and Expert Report writing.
As Lead Clinician, I manage a team of two other Clinical Case Managers (Lisa Thacker and Stuart Saunders), Assistants (Jodie Ashworth) and Rehabilitation Assistant (Sue Nelson). We are supported by the Admin team (RP Business Support Solutions Ltd), to support over 40 Case Management Clients, their care and rehabilitation. It is this hands-on approach that allows me to direct and guide teams and permits me to write Physiotherapy, Care, Equipment, and Immediate Needs Assessments for clients, with Spinal Cord Injury, Head Injury (including CP) and other Orthopaedic conditions. As a team, we support clients from as young 18 months, up to 80 plus years of age. This knowledge and understanding allow the team of experts to understand the long-term effect of injuries and thus provides expert reports that are based on long-term, hands-on experience.
I also encourage the Associates to also maintain their clinical skills and they too run their own specialist businesses in OT, Care/Clinical training, and myself as a Physiotherapist.
My Achievements
Where do I start - they are not mine, but those of my clients that I have helped on their way.
Recently starting to help an amputee client look into whether he can progress with Osseo Integration - that is still in progress. He has progressed from Sit Skiing to mono skiing, and
Supporting so many of my clients to represent their country in Wheelchair Sports - Wheelchair Basketball and Rugby, Tennis, Badminton.
My clients who have gone on to be parents - and seeing so many happy faces.
The rehab teams I have brought together who are such inspiring individuals.
Those who have lived a fulling life and moved onto the next stage, doing things they never believed they could - too many to bring to mind, but the smiles will forever stay in my memory.
Finally - coming out the other side of COVID; I am pleased to say not a single one of my clients have succumbed to this.
My Mottos
I, in fact, have two:
- We are only as good as the last person we bring with us.
- Never ask anyone to do something you would not do yourself.
My top three cases
From a financial point of view, I have worked with some significantly high profile cases - which have provided a great outcome for the client and legal team.
But the real reward is to see how clients progress after settlement and what is top for them.
- A young lady who is now a mentor for Back Up Trust and supports so many young people in her situation.
- A gentleman who was able to use his callipers to stand for his wedding photos.
- Another gentleman who is now competing in triathlons.
