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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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