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In this issue: New PI & Clinical Negligence content Key PI & Clinical Negligence developments Clinical negligence Costs Claims involving fraud and fundamental dishonesty Public authorities and the state Litigation Evidence and disclosure Other PI & Clinical Negligence news LexisNexis® Quantum Portal LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information New PI & Clinical Negligence content The PI & Clinical Negligence team unveils a new suite of videos created with Osmosis (Elsevier), providing crisp, accessible medical overviews to help practitioners rapidly comprehend injuries and illnesses and progress claims more effectively: Mesothelioma—causes, symptoms, diagnosis, treatment & pathology Post-traumatic stress disorder (PTSD)—causes, symptoms, diagnosis, treatment & pathology Somatic symptom disorder—causes, symptoms, diagnosis, treatment & pathology Rotator cuff tear—causes, symptoms, diagnosis, treatment & pathology Carpal tunnel syndrome—causes, symptoms, diagnosis, treatment & pathology Cauda equina...
This Practice Note offers an overview of injuries that arise or worsen due to powerful, repeated or awkward motions when rest and recovery are inadequate. These conditions go by various umbrella terms, most often labelled repetitive strain injuries (RSI), work‑related upper limb disorders, or musculoskeletal disorders. It addresses optimal strategies for bringing or resisting claims involving such harm. RSI typically denotes pain or damage linked to repeated actions. Most frequently, repetition leads to persistent forearm pain or functional impairment. The label has effectively become interchangeable with work‑related arm pain. Within the spectrum are both clearly diagnosable disorders and non‑specific symptoms such as pain and fatigue. The principal specifically recognisable conditions are listed below. For direction on applicable statutory duties and leading authorities—covering the effect of section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013), the actionability of a claimant’s symptoms, and the leading limitation case—refer to Practice Note: Musculoskeletal disorders—applicable law. Bursitis This occurs when the soft tissue cushioning between bone and skin (or a...
This Practice Note addresses the causation issues that frequently arise in hand-arm vibration syndrome (HAVS) claims, also known as vibration white finger (VWF). This Practice Note will refer to HAVS. It provides practical guidance on handling such claims, including a survey of the leading case law on causation, the difficulties around diagnosis, the value of photographic evidence and the claimant’s account of symptoms, apportionment of liability, and the overlap with carpal tunnel syndrome (CTS). For guidance on liability and quantum, including the significance of the defendant’s date of knowledge of the risk and limitation considerations, see Practice Note: Hand-arm vibration syndrome (HAVS) or vibration white finger (VWF)—liability and quantum. Diagnosis Causation is challenging because there is no definitive diagnostic protocol, and methodologies vary considerably between experts. The position is further complicated by the fact that individuals may exhibit similar vascular symptoms even without any exposure to vibration...
Claim No. [ insert claim no ] IN THE COUNTY COURT AT [ insert ] Between 1 Mr X Y Claimant - and - 2 Y Z LTD Defendant PARTICULARS OF CLAIM At all relevant times, the Claimant was engaged by the Defendant as a [ insert job title ] at the Defendant’s [ insert as appropriate ] site. [ Throughout the period, the provisions of the Provision and Use of Work Equipment Regulations 1998, as amended by the Control of Vibration at Work Regulations 2005 [ which came into force on 6 July 2005 ], were in force. ] During [ his OR her ] employment between [ insert date ] and [ insert date ], the Claimant was routinely required to operate vibrating tools [ give full details of tools, and hours worked on tools per shift/working day, or frequency of use of tools ]. This resulted in [ his OR her ] injury. ...