Vlog: The Spinal Injuries Series – Incomplete Spinal Cord Injuries
In the second episode of the Outer Temple Spinal Injuries Series, Nathan Tavares QC and Daniel Clarke consider personal injuries claims involving individuals with incomplete spinal cord injuries.
Welcome to Outer Temple’s Spinal Injuries Series – a collection of short recorded discussions and presentations on various topics of interest related to spinal injury claims.
Nathan and Daniel explore the particular challenges faced when making a claim for an incomplete spinal cord injury and the risk of underestimating long-term disability and under valuing the claim.
Daniel explains the difference between a complete and incomplete spinal cord injury, as well as the different classifications for spinal cord injuries.
Nathan explores the different challenges face in incomplete spinal cord injury claims, the first being understanding the level of function and disability of the claimant.
Another challenge faced is that initial experts reports can be over optimistic for the future, especially when these reports come from an orthopedic surgeon or a neurosurgeon who may have less experience in long term rehabilitation for these injuries. It can take a long time until the true extent of the injury. Nathan explains who might be best placed to provide expert evidence and the aspects of the injury they will need to be able to provide expert evidence on.
Additionally, Nathan and Daniel discuss the difficulty assessing incomplete spinal cord injuries when no two injuries are ever the same and vary significantly. they also consider the likelihood of deterioration after rehabilitation.
Nathan and Daniel discuss what needs to be considered for the future of the claimant with an incomplete spinal injury, such as mobility schemes and life expectancy.
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Nathan Tavares QC is a respected practitioner in complex or catastrophic personal injury claims. He has particular expertise in: traumatic brain injury, spinal cord injury, aviation accidents, equestrian accidents, and industrial disease claims.
He is regarded by solicitors and opponents interviewed by the legal directories for having “sound judgment”, “an industrious approach”, “a measured and independent perspective”, and “a good approachable manner”. He is noted to be “a versatile and quick-thinking communicator“. “He is very hard-working, conscientious and intellectually very strong.” “He is very good on the mechanics of an accident and he is very experienced on brain and spinal injury cases.”
Dan Clarke practises in personal injury. He has a particular specialism in cases with an international element, including claims raising conflicts of law and jurisdictional issues. He also has experience of acting in claims in other jurisdictions including in the Privy Council and in Jersey. He undertakes clinical negligence work for both claimants and defendants and receives regular instructions from NHS Trusts.
Barristers: Nathan Tavares QC | Daniel Clarke
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