medical expert meaning

In this issue: Pay Prohibited conduct (discrimination etc) Equality, diversity and inclusion Whistleblowing Coronavirus (COVID-19) Issues arising on termination Employment tribunals Corporate governance Immigration Daily and weekly news alerts New and updated content IRLR Highlights—September 2024 Dates for your diary Trackers New Q&As Pay Think tank High Pay Centre released analysis of FTSE 100 executive pay for 2023. While CEO pay growth has eased after the post-pandemic surge, the median package hit a new record, up from £4.1m in 2022 to £4.19m in 2023. See: LNB News 12/08/2024 34. Prohibited conduct (discrimination etc) ET permitted to reject dismissal complaints despite the employer’s previous omission to make reasonable adjustments. In Parnell v Royal Mail Group [2024] EAT 130, the claimant brought about 31 employment tribunal claims, divided into two periods, each decided by a different tribunal...

In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts E-commerce International Public procurement Supplier management LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—31 July 2024 The Advertising Standards Authority (ASA) has flagged the Person(s) unknown trading as Mendio Life for inquiry after insights from its Active Ad Monitoring system. A Meta promotion by Mendio Life for an acupressure clip asserted medical effects for a device lacking the necessary conformity marking and absent from the Medicines and Healthcare Products Regulatory Agency (MHRA) register. This decision sits within the ASA’s wider work on advertisements asserting treatment for prostrate issues, as part of a consumer-protection drive against such claims. The ASA also received a complaint about Nultqh GB’s Meta advert for a prostate patch, which advanced medicinal claims for an unlicensed item. The...

Adjournment needed for medical expert to assess capacity of witness to give evidence ((1) Easton & Co (2) Justin Easton (on behalf of the estate of Leslie Easton deceased) v Donlon) (1) Leslie Easton & Co Ltd (2) Justin Easton (on behalf of the estate of Leslie Easton deceased) v Donlon [2024] EAT 126 What are the practical implications of this decision? Here, the respondents’ advocate faced a dire predicament when his client suddenly repudiated the document intended to be his evidence-in-chief. The client: disputed that he authored the letter in the bundle designated as his evidence-in-chief rejected having previously agreed with his representative (and the other director) that this letter would serve as his evidence-in-chief claimed he had never read it before taking the oath insisted the contents were untrue and that anyone asserting otherwise was lying Given the client’s age and a prior stroke affecting memory and cognitive function, the representative sought an adjournment so a medical expert...

This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated telephone/headset for a wheelchair or car...

This Practice Note outlines the matters an employer must weigh up when obtaining medical assessment reports for their staff and prospective recruits...

The medical specialty focused on diagnosing and treating cancer is oncology. Handling oncology clinical negligence claims requires an understanding of cancer’s nature, its many forms, symptoms and treatments, diagnostic methods, and the limits of what diagnosis and intervention can achieve. The timing of both actual care and the hypothetical non‑negligent treatment in the counter‑factual scenario is crucial to causation and injury. Choosing an expert is not always straightforward. These cases also demand careful management of a claimant’s expectations from the outset. Sometimes a decision is needed between seeking damages for a living claimant or for the estate or dependants of someone who has died. This Practice Note therefore outlines the essentials: what cancer is, how and when it is identified and treated, the limitations on treatments, and the applicable case law. What is cancer? Cancer develops when cells in the body divide faster than they should, forming a lump or tumour. Such tumours can be benign or malignant. There are more than 200 different cancers, including breast, lung,...

[ Insert Firm details ] [ Addressee—insert name and address of expert ] [ Date of letter ] Private and confidential Dear [ insert name of expert ] Letter of Instruction Case heading In the Late Estate of [ insert name ] Deceased (‘the Deceased’) We represent [ insert name ] (‘Our Client’), the Deceased’s [ son OR daughter ]. We ask that you provide expert opinion on whether the Deceased had testamentary capacity to prepare and sign [ her OR his ] Will dated [ insert day ] of [ insert month ] [ insert year ] (the Will). This letter outlines the factual background, identifies the principal documents, and sets out the matters you should consider. As an expert witness, you will be expected to: Prepare an expert report; Respond to any questions arising from that report; Where appropriate, confer with the other side’s expert; and Give evidence at the trial. ...

Dear [ insert expert’s name ] Re: [ insert name of client and the client’s date of birth (address and telephone number should be provided separately for the appointment arrangements) ] Date of accident: [ insert date of accident ] Thank you for consenting to prepare a report in this matter. We represent the above individual regarding injuries sustained in an accident that took place on the date noted above. Documentation To aid the preparation of your report, we enclose the following documents: [ list documents enclosed with instructions eg GP records, ambulance, hospital records, etc ] [ We are in the process of obtaining our client’s GP, ambulance service and hospital notes and records and will send them to you once received. OR We enclose an agreed, indexed and paginated set of notes and records prepared with the Defendants. ] Your instructions We would be grateful if you could examine our client and produce a comprehensive report covering any pertinent pre-accident...

Dear [ insert expert’s name ] Re: [ insert name of client and the client’s date of birth, (address and telephone number should be provided separately for the appointment arrangements) ] Date of accident: [ insert date of accident ] Thank you for agreeing to prepare a report on the Claimant’s current condition and prognosis in this matter. We represent the above individual in relation to injuries suffered in an accident on the date noted above. This is a personal injury claim, and our assessment places the likely value of the case between £25,000 and £100,000; we anticipate the court will assign the matter to the intermediate track. Accordingly, your expert report ought not to exceed 20 pages, excluding any requisite photographs, plans, CV, and any academic or technical articles appended to the report. Please ensure proper attention is paid to the appendices accompanying your report. In particular, there must be an explicit citation of the academic papers or literature you rely upon when forming your opinion,...