Leading personal injury and medical negligence solicitors
Following a major accident or injury, you may have been treated at a specialist major trauma centre or major trauma unit and received specialist trauma care and rehabilitation. Following this, you may also receive some level of ongoing treatment and support in the community but services, and their availability can vary all over the country.
Boyes Turner strives to ensure, where possible, that there is continuity of rehabilitation, treatment and care throughout your personal injury claim to enable you to maximise your recovery and independence and rebuild your life.
What is rehabilitation?
Rehabilitation involves therapy and treatment to minimise the impact of disabling changes brought about by an accident or injury. The aim of rehabilitation is to help patients achieve a better level of physical and psychological function. This can include:
- speech and language therapy,
- occupational therapy
- neuropsychological treatment,
- personal trainer input,
- psychological treatment such as CBT or EMDR.
Many of our clients require rehabilitation in a transitional unit following their discharge from hospital before they are fit and able to go home. We regularly arrange this if we are instructed early enough (whilst the injured person is in hospital) and obtain funding from insurers.
In some cases, ongoing rehabilitation may be required by individuals when they leave hospital following their accident or injury, either in other rehabilitation settings or when they return home to their community. This can involve medical and vocational/educational rehabilitation. For example,
- to assist them with getting out of bed, personal hygiene, getting dressed and undressed, mobilising, bathing, cooking/eating cleaning, driving to/from medical appointments or shopping etc. This may be a short-term care package or a permanent care package ranging from a few hours a day to 24/7 care with a team of carers.
- advice from an OT or specific expert regarding vocational rehabilitation
- support with welfare benefits
- adaptations to their vehicle or home
- specialist aids and equipment.
Rehabilitation is particularly important in situations where a serious injury has been caused such as an amputation, birth injury, brain injury, medical negligence, motorbike accident, road traffic accident or spinal injury.
When does rehabilitation start?
After the acute phase of hospital treatment following a serious injury, which is likely to involve surgery and/or monitoring and observation, patients undergo the rehabilitation phase of their recovery. This will continue until they reach a stage where they can be discharged from hospital to home or to another rehabilitation service.
In many cases, rehabilitation will be an ongoing process. Our aim as claims solicitors is to ensure that there is continuity of care and rehabilitation once a client is discharged from hospital and to provide you with the knowledge and skills needed for optimal recovery and independence.
We understand that each of our clients is individual and unique and rehabilitation packages are tailored to the needs of an individual.
The timeframe for rehabilitation will very much depend on the nature and extent of the injury and the ongoing needs of the injured person. In some cases, our clients will require treatment, care and/or support for the rest of their lives. It is essential for us to ensure that the compensation we claim for our clients can cover any additional costs incurred as a result of this.
How do we provide rehabilitation?
We contact the defendant insurer at the start of a case and invite them to adopt the Rehabilitation Code 2015 irrespective of their liability status and agree to an Initial Needs Assessment (INA).
Initial Needs AssessmentMost insurers are signatories to or will have heard of the Rehabilitation Code and will be prepared to fund an INA. This is a report usually by an OT, physiotherapist or nurse which describes the injuries, treatment, home life and vocation. The aim of the report is to identify what is needed to help maximise the injured person’s recovery in order to achieve the best outcome (through therapy, care and support). The report identifies the individual person’s goals in terms of returning to education or work, hobbies and activities of daily living after treatment.
Case ManagerWhere a client’s injuries are complex, we often appoint a case manager to carry out the INA and then oversee the rehabilitation programme, by liaising with treating clinicians, instructing a multi-disciplinary team of therapists to provide private treatment where this cannot be done on the NHS (usually due to waiting lists or insufficient treatment), instructing carers, and obtaining aids and equipment to help an injured person adapt to their activities of daily living.
Vocational rehabilitationAs part of the rehabilitation programme, vocational rehabilitation is often provided through an expert in that field or more often than not an OT. They act as an advocate for the injured person and liaise with the Employer and Occupational Health team to identify ways in which the injured person can return to work, for example, phased return, reduced work, or change of role, where the employer can accommodate this.
Where will rehabilitation take place?
After your inpatient rehabilitation in hospital, you may need to go to another inpatient rehabilitation service to continue your recovery and equip you for a return to home and your community. This may be on a private basis (through your insurance claim) or through the NHS.
When you have reached a stage in your recovery where you are able to return home, rehabilitation may continue to take place in the community at local outpatient rehabilitation services, hospital or even in your home in certain circumstances.
How will rehabilitation help me?
Many of our seriously injured clients want to return to a life which gives them purpose and meaning as quickly as possible. Recovering from a serious injury can take time, but with the right help at the right time, and continuity of treatment and support, individuals can achieve their optimal physical, psychological and social function.
In an insurance claim setting, rehabilitation may involve multidisciplinary clinicians, therapists and professionals who work with our specialist claims team to support and help our clients maximise their recovery and independence at home, in work or education and in the community.
I really appreciated the friendly, efficient and supportive nature of the solicitor.
I would also like to express my thanks to you for your dedication in chasing the defendant's insurance company especially where COVID-19 made an impact.
Boyes Turner Client