Page 34 - SEN114 September/October 2021

Point of view
Point of view: solicitor
34
Rehabilitation after a disabling injury
Martin Usher outlines the help which may be available when a child needs ongoing care and rehabilitation
The experience of having a child suffer a traumatic or acquired brain injury or another disabling injury following an accident is a daunting time for parents and the litigation process can be overwhelming.
The support that is provided by Major Trauma Centres at the acute stage is excellent but the concern for parents arises when the child is being discharged home. Amongst the whirlwind of thoughts and questions that parents ask themselves, the two fundamental questions to be answered are: will my child be OK and; what does the future hold for my child?
The litigation process through bringing a personal injury claim is key to both the injured child and their parents. The support that is required can be endless and whilst the resources under the NHS can be limited, the litigation process is there to unlock funds at the outset of the injury suffered which helps to ensure that a smooth pathway is created for the child, from their discharge home to their treatment pathway to ensuring that their education is secured and protected.
The litigation process has two pathways, one being the legal pathway (ensuring that compensation is obtained for the child and their families in the future) and of more immediate importance, the rehabilitation pathway, which looks at the
“The concern for parents arises when the child is being discharged home”
immediate and ongoing treatment and educational needs of the child and their families.
The rehabilitation pathway derives from The Rehabilitation Code 2015, where essentially 4 key issues are considered at the immediate outset following a traumatic accident:
Physical Needs – Ensuring that further therapies are available under private provision if unavailable under the NHS, to improve the outcomes and quality of life of the child including, Neuro- Rehabilitation; Speech and Language Therapy; Occupational Therapy, Physiotherapy and more.
Social Needs – Ensuring that the pre-accident home is suitable for the child and their families when being discharged home. This can include potential adaptations made if required, renting a suitable home for a certain period of time if required, for example, whilst a child is an inpatient at hospital and the families
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