Dementia podcast: Traumatic brain injuries and early onset dementia
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Podcast 24 January 2023 24 January 2023
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UK & Europe
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Casualty claims
In this podcast, members of our brain injury subject matter group Emma Eccles and Helen Kanczes from the catastrophic injury team are joined by neurologist Dr Dougall McCorry to discuss the research surrounding the possible link between traumatic brain injuries and early onset dementia. They also talk about the primary case law in this area, Mathieu v Aviva & Hinds, where a claim for provisional damages in relation to dementia was rejected on the basis that the Claimant could not show a sufficient causal link, on the balance of probabilities, between his TBI and any future risk of dementia.
In summary, this podcast covers:
- How dementia is defined and diagnosed as well as its prevalence in the population
- Why the Claimant in Mathieu v Aviva & Hinds failed to satisfy the Willson test for awarding provisional damages
- The research that has been undertaken on the causative link between a TBI and dementia and why the lack of a definite relationship led to the decision of Hill J in Mathieu
- Our advice for our insured and insurer clients when faced with a claim for provisional damages for early onset dementia
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