Lawyer Monthly Magazine August 2020 Edition

EXPERT WITNESS WWW.LAWYER-MONTHLY.COM | AUG 2020 70 What does the production of a Paediatric Breach of Duty Report entail? When undertaking a Breach of Duty Report, the primary activity is to examine all the relevant and available medical and nursing records, to establish whether or not the nursing care that has been provided to the child has fallen below a reasonable standard. This work requires a great deal of reading and analysis, but I enjoy forensic work and therefore what is seen as quite laborious by some, is extremely interesting to me. The biggest challenge I face, is getting hold of all of the pertinent records and still trying to draw conclusions, even when some of the record keeping itself is poor. It is sometimes the case that critical evidence is missing and therefore it presents a problem in as much as just because there is no evidence, does not mean there is no evidence at all! www.janejamesandassociates.co.uk In what sense does paediatric care differ to adult care, and how can this influence a legal case and/or your method in devising and compiling a report and expert opinion? There are many differences between adult and paediatric cases. With paediatric clients, it’s very much a multifaceted approach when assessing their care needs. When considering a child’s care requirements, we have to consider childhood milestones, their educational needs, therapy needs and their social and recreational activities. We also need to give careful consideration to other siblings, parental capacity and choice. It is important to note that many families are not living in optimal accommodation, which in turn can compromise the type of care package. Aids and equipment are essential, and the procurement needs to be timely. Too often I see children using wheelchairs they have grown out of and family members still manually lifting growing ten-year-olds. Lucinda is a paediatric nurse with extensive experience in providing acute and community care to children with complex care needs. Lucinda has a particular interest in children with complex neurological disorders and worked as a Clinical Nurse Specialist in a large NHS Tertiary Trust, before becoming an expert witness at JJ&A in 2012. Lucinda is now the Head of Operations and Clinical support at JJ&A, as well as remaining an active expert providing reports on Quantum and Breach of Duty. Lucinda Lloyd Paediatric Nurse Jane James & Associates “I enjoy forensic work and therefore what is seen as quite laborious by some, is extremely interesting to me.”