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In this issue: Key PI and Clinical negligence news Proving negligence or breach of statutory duty Occupational disease Claims involving a mentally incapacitated claimant Interim payments, periodical payments and provisional damages Costs and funding Other PI and Clinical negligence news LexisNexis® PI & Clinical Negligence Quantum Database LexisNexis® Quantum Portal LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Key PI and Clinical negligence news ACSO hails early indications of proposals in forthcoming DfT road safety review The Association of Consumer Support Organisations (ACSO) has voiced support for signals from the Department for Transport (DfT) on what may feature in its upcoming road safety review—the first in ten years. ACSO points out that, although serious road casualties fell from 41,000 in 2000 to 24,000 by 2010, they have since climbed by nearly 20%. Likely measures are expected to tackle drink- and drug-driving, seat belt use,...
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...
Symptomology The clearest sign of hand-arm vibration syndrome (HAVS), sometimes called vibration white finger (VWF), is blanching of the fingers caused by spasms of the blood vessels that serve them, leading to pallor. Such spasms may involve all or part of one, several, or even every finger, which then become cold and numb, with reduced sensation. Episodes may persist for a few minutes or continue for a couple of hours. It is also possible for similar attacks to arise in the feet or the nose. There is no curative treatment, though spontaneous improvement may occur over time. The condition may occur naturally, yet it is frequently associated with over-exposure to vibrating tools. Its aetiology has not always been understood and, crucially for litigation in these cases, the courts have limited liability to periods after which employers ought reasonably to have been aware of the risks of HAVS and the appropriate preventive practices to adopt. Accordingly, to succeed a claimant must show that their exposure to vibrating tools exceeded what...
A. Orthopaedic Orthopaedic issues involve the framework of bones, muscles and ligaments. Typical assessments include: central nervous system review cranial nerve assessment cervical spine, noting tenderness or spasm flexion, both full and lateral rotation, checking for motor or sensory limb deficits deep tendon reflexes, e.g. biceps, triceps and supinators comparative limb measurements and circumferences general observation Vibration white finger (VWF) VWF presents with two distinct elements: vascular (blanching) and neurological (numbness, tingling, reduced tactile discrimination and loss of dexterity). Standard investigations include: vibrotactile threshold testing—to evaluate mechanoreceptors sensing stretch, edges and texture at different frequencies thermal aesthesiometry—to determine thermal receptor thresholds Purdue Pegboard—a dexterity measure identifying loss of fine hand movement grip force measurement—assesses grip in both hands, indicating vibration damage to hand and forearm muscles vascular testing—finger systolic blood pressure to gauge interruption of blood flow with cold exposure cold provocation—visual confirmation of blanching ...
IN THE COUNTY COURT AT [ INSERT LOCATION ] CLAIM NO. [ INSERT NUMBER ] Between X Y Claimant - and - A B Defendant It is accepted that the Claimant commenced employment with the Defendant as a [ insert job title ] on [ insert date ]. On [ insert date ], the Defendant provided the Claimant with its Codes of Safe Working Practice, covering the operation of assorted machinery. The meaning and intent of those Codes were explained to [ him OR her ]. On [ insert date ], the Claimant received the Defendant’s Guide to Hand-Arm Vibration Syndrome. It contained written guidance on the cause, identification, prevention, and treatment of HAVS. By the end of the 1970s, hand/arm vibration syndrome was widely recognised. From the time [ he OR she ] was given the above Guide, the Claimant understood the risks of hand/arm vibration syndrome arising from using any vibrating tools in [ his OR her ] work and what [...