Brain Injury Litigation: Expert Insights and Topical Issues

Past Events

24/01/2024

Join us at Glaziers Hall on Wednesday, 6th March for an afternoon of presentations on the topic of brain injury litigation.

Our expert speakers, along with members of Deka Chambers’ personal injury team, will provide a range of talks covering the anatomy and causation of injuries to the brain, an update on current innovations and developments in neuro-imaging and a look at the role of the expert neuropsychologist in brain injury litigation.

Along with a discussion on litigating brain injury cases, a review of key cases, and a focus on capacity and the Court of Protection, this half day conference will provide useful insights for all personal injury practitioners dealing with brain injury litigation.

The conference will be followed by a drinks and canapés reception.

Programme

1:30pm – Refreshments on arrival

1:45pm – Anatomy of Head Injuries – Riki Trivedi, Consultant Neurovascular & Complex Spine Surgeon

Riki Trivedi will explain the anatomy and causation of injuries to the brain, including:

  • Direct impact / acceleration / deceleration injuries
  • Contre-coup injuries and dural clots
  • Diffuse axonal injuries
  • Secondary injuries such as oedema
  • Delayed presentation

2:20pm – Developments in Neuro-Imaging – Professor Gary Green, Innovation

Professor Green will discuss current innovations in neuro-imaging, including:

  • The limitation of using standard CT and MRI for detecting brain injury
  • What is Diffusion Weighted Imaging? How can it be used to show the effects of injury in single cases?
  • What other neuro-imaging tools are available?

2:55pm – Litigating Brain Injury Cases – Laura Begley and Susanna Bennett, Deka Chambers

Combining practical insights with a review of key cases, Laura Begley and Susanna Bennett will discuss legal issues in:

  • Mild traumatic brain injury
  • Care regimes in brain injury cases
  • Provisional damages: where are we post Mathieu? The test, the evidence and when an order should be made.

3:25pm – Refreshment Break

3:45pm – Contributions of a Neuropsychologist in Brain Injury Litigation – Lesley Murphy, Chartered Clinical Neuropsychologist

Lesley Murphy will discuss the role of the expert neuropsychologist, including:

  • An overview of the assessment process and effort testing
  • Identifying organic brain injury vs psychological / emotional and behavioural difficulties and points of debate in court
  • Minor TBI and delayed presentation from a neuropsychological perspective
  • Assessing levels of consciousness in profound brain injury cases and the prospective value of therapies / interventions.

4:20pm – Capacity and the Court of Protection – Ed Lamb, Deka Chambers

Offering cross over expertise between damages claims and the Court of Protection, Ed Lamb will explain:

  • An overview of the test for capacity under the Mental Capacity Act 2005
  • An introduction to the Court of Protection for litigators
  • The relationship between civil claims and the Court of Protection.

4:50pm – Closing Remarks – Laura Johnson KC, Deka Chambers

5:00pm – Drinks and Canapés Reception

Spaces for this conference are limited. If you are interested in attending please contact events@dekachambers.com

Featured Counsel

Laura Johnson KC

Call 2001 | Silk 2022

Edward Lamb KC

Call 2006 | Silk 2024

Laura Begley

Call 1993

Susanna Bennett

Call 2017

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