Medicolegal Services
Digby Ormond-Brown represents Ormond Neuroscience in medicolegal matters involving personal injury or medical negligence. Digby is a respected senior neuropsychologist who has an excellent reputation in the medicolegal field as an accomplished, knowledgeable and reliable expert witness. He is diligently objective and unbiased and represents plaintiff or defendant.
Neuroscience
Digby has an expansive, in-depth knowledge of the neurosciences and the complexities of brain function and is able to relate this information to your client’s situation by virtue of his many years of clinical experience. He understands the real-life implications of brain dysfunction.
This enables him to produce definitive reports that contain accurate, up-to-date information based on the latest findings in the field, yet are easy to read and understand because of the logical flow of the argument. All statements, assertions, classifications, and explanations contained in his reports are buttressed by established neuroscientific knowledge and, when necessary, articles from reputable peer-reviewed scientific journals are available to confirm and verify the information contained in his reports.
Testimony
Ormond-Brown is a top-class expert witness who is comfortable in the witness box, conveying information coherently and logically, and ensuring that the judge follows the argument. Since the information contained in his reports is grounded in neuroscience, he is able to easily deal with cross examination because his assertions can be backed up by science and proven to be true and accurate. He enjoys reducing the complexities of brain function to simple, understandable statements that the judge can grasp.
Ormond-Brown’s evidence has played a critical role in a number of important matters. In one large matter, he strongly disagreed with the evidence of an international expert and a renowned authority in the field of neuropsychology, Prof Muriel Lezak. Notwithstanding that Prof Lezak is the author of Neuropsychological Assessment, the “bible of neuropsychology,” the court accepted Ormond-Brown’s evidence that her use of certain tests was flawed and her interpretation of the test results was incorrect. Suffice it to say, the court upheld Ormond-Brown’s evidence and dismissed Lezak’s because Ormond-Brown’s evidence accorded with the facts, was coherent and logical, and stood up to withering cross-examination.
Types of Report
Different types of medicolegal reports are available from Ormond Neuroscience that cater for a wide range of legal needs. These include the following:
- Screening reports
- Comprehensive medicolegal reports
- RAF4 claim forms
- Narrative tests
- Addendum reports
- Minutes of agreement
Screening Reports
It is not always obvious if a client has sustained a brain injury. Screening reports are intended to assist attorneys in identifying clients who have probably suffered brain injury and in deciding if the brain injury should form part of their client’s claim. Screening reports address the following questions:
- Does the client have neuropsychological deficits because of organic pathology in their brain?
- If so, was the brain dysfunction caused by the incident in question?
- If so, how strong is the evidence?
- Which medical experts should examine the client?
Screening reports typically consist of the following sections:
- Current Symptoms of Brain Injury
- Evidence of Injury to the Head or Face
- Acute Evidence of Brain Injury
- Chronic Evidence of Brain Injury
- Implications
- Recommended Referrals
Screening reports come highly recommended and are a useful way of avoiding unnecessary expenses on expert witnesses’ fees when the basis of the claim is weak. Don’t just throw money at the problem. First, find out if there is evidence to support a claim involving brain injury and if you will be able to join the dots and prove that your client’s mental dysfunction is a result of an accident or medical negligence.
Comprehensive Medicolegal Reports
As the name implies, comprehensive reports provide a detailed analysis of the neuropsychological problems afflicting the client and the cause of those difficulties. The level of detail, length of the report, and complexity of the argument is typically tailored to suit the matter in question. For example, the client who works as an unskilled manual labourer and who suffered mild brain injury that has had minimal effect on his functioning does not require a highly detailed report. On the other hand, a client with a history of depression who premorbidly functioned in the higher echelons of corporate management, and who sustained a moderate brain injury that has had a deleterious effect on neurocognitive functioning, needs a detailed report that addresses the complexity of the issues at hand.
We offer four classes of comprehensive medicolegal reports, which we style as A-class, C-class, S-class, or Bentley, respectively. The level of detail, the sweep of the evidence, the complexity of the argument, and the associated cost increases proportionately across these types of report. Attorneys are free to specify which class of report is required, or we will select the appropriate type based on our assessment of the value of claim.
A-Class Reports
An A-class report is indicated when the brain injury was mild and has no or minimal impact on future earnings. These reports include:
- A brief review of the hospital records
- Discussion of critical symptoms
- A summary of the results of psychometric testing
- Review of medicolegal implications of the findings.
C-Class Reports
C-class reports are suited to moderate brain injuries where the effect on your client is significant and their earning power has been reduced. These are good quality, reliable reports that include:
- General background, such as medical history, educational history and employment history.
- Analysis of the hospital records
- Discussion of the client’s symptoms
- A summary of the results of psychometric testing
- A thorough review of the medicolegal implications of the examination.
S-Class Reports
For clients who have been severely brain injured and are no longer able to work and who may need a caregiver, S-class reports are recommended. This type of report is appropriate for a big matter. S-Class reports are bullet-proof in terms of the scientific evidence to support the arguments and include the following:
- General background, such as medical history, educational history and employment history.
- Analysis of the hospital records
- Discussion of predictors of poor outcome
- Discussion of the client’s symptoms
- Analysis of psychometric test results
- Diagnostic implications, including neuropsychological diagnosis, severity of brain injury, and nature of neuropsychological condition
- A thorough review of the medicolegal implications of the examination.
Bentley Reports
Bentley reports are appropriate for very big matters, such as an infant who has been profoundly damaged by obstetric negligence, or a high-income earner who has been injured in a motor vehicle accident and who has been devastated by brain injury and general damages and loss of future earning potential are substantial. For matters of this kind you need a Bentley class report to ensure the best settlement. Given their complexity, Bentley reports are PoA and may require discussion prior to examination of your client. Bentley reports are often indicated in medical negligence matters, especially cases of infants who have suffered hypoxic-ischaemic brain injury.
RAF4 Claim Forms
We provide RAF4 claim forms. The forms are completed after examination of the client for the purpose of a comprehensive medicolegal report. These are an optional extra and consequently attract additional charges.
Our evaluation of the degree of the injuries suffered by the patient is based on our objective findings. We do not exaggerate and consequently attorneys know exactly what kind of matter they have landed and what to expect in court. You can be assured that there will be no nasty surprises if you rely on one our RAF4 claim forms.
Narrative Tests
The rating system for brain injury espoused by the American Medical Association and used on RAF4 claim forms has many shortcomings. In fact, that system typically fails to capture crucial aspects of a brain injury and therefore a narrative test is substituted. This allows for a more nuanced description of the client’s neuropsychological impairments. In matters where the primary cause of disability is brain injury, then it is usually appropriate to obtain both an RAF4 claim form and a narrative test.
Addendum Reports
Addendum reports may be required if additional information becomes available, or if an excessive amount of time has passed between preparation of the original report and the trial date.
Back to Types of Report
Minutes of Agreement
Attorneys are familiar with the requirement of the High Court that expert witnesses produce minutes of agreement prior to going to trial. Ormond Neuroscience is familiar with attorneys’ last-minute rush to serve minutes of agreement and we react speedily and efficiently when requested to provide minutes. Unfortunately, we are not able to influence the response time of our counterparts. When you are dealing with Ormond Neuroscience, you can be assured that your matter takes priority and that we go the extra mile.