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20 November 2015 / Linda Monaci
Issue: 7677 / Categories: Features , Expert Witness , Profession
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Linda Monaci considers the evidence linking traumatic brain injury & the onset of dementia

The legal implications of medical deterioration in brain injury cases and the rules governing provisional damages were discussed by Warren Collins in his recent NLJ article. As Mr Collins notes, the court can award provisional damages if the risk of disease or deterioration has a “measurable chance of occurring”, while the disease or deterioration must be “serious”. (see “Pushing boundaries”, NLJ , 24 April 2015, p 13). This article presents some of the challenges which complicate carrying out research in this field, and provides a brief overview of the findings.

Established findings & mixed results

It is an established finding that repeated mild traumatic brain injuries (TBIs), such as those experienced by professional boxers, are associated with a high risk of chronic traumatic encephalopathy (CTE), originally termed “dementia pugilistica” (McKee et al, 2012). CTE is a type of dementia with distinctive neuropathological features, but clinically it can be mistaken for Alzheimer’s disease or fronto-temporal dementia (Gavett et al, 2010; 2011).

Research investigating the link between TBIs, such as

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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