EWJ June 61 2025 web - Flipbook - Page 60
original TBI. This is particularly relevant in mild TBI
cases, where initial medical documentation may not
fully capture potential long-term impacts.
particularly during key transition periods (starting
school, entering adolescence, transitioning to secondary education, entering adulthood).
2. Capacity and Decision-Making
Brain injuries may impair an individual's ability to
make decisions, raising questions of capacity and
guardianship. For children with TBI, these issues may
become particularly apparent during transitions to
adulthood, when executive function demands increase significantly. Legal professionals should be attuned to how injury-related cognitive changes might
affect a client's capacity as they mature.
Where the entire family has been affected due to the
road traffic accident, I have argued that there needs to
be a better understanding of the bi-directional impact
of the trauma on the parenting by the parent were the
parent and the subject child to be involved together
in the accident.
Conclusion: An Optimistic Approach to Complex
Cases
While this evolving understanding presents challenges, it also creates opportunities for improved outcomes. By recognizing the potential long-term
implications of childhood TBI and implementing appropriate monitoring protocols, we can significantly
enhance trajectories for affected children.
3. Assessment Complexities
The role of the child and adolescent psychiatrist as a
medicolegal expert in TBI cases is challenging and
complex. Any assessment must integrate:
l Pre-injury functioning and developmental history
l Acute injury characteristics
l Post-injury development and change, if any
l Behavioural observations as reported across settings
(it is often imperative to ask for information from
school and, if required, other settings that the child
has been attending
Legal professionals play a crucial role in ensuring
these children receive comprehensive support
throughout their development. With proper assessment, monitoring, and timely intervention, many children with TBI can achieve favorable outcomes despite
initial challenges.
Based on professional experience, treatment of
ADHD like presentation is relatively straightforward
and can be rewarding for all concerned.
The Imperative for Long-Term Monitoring
Given the evidence that childhood TBI effects can
emerge or worsen over time, long-term monitoring
becomes essential to both clinical care and medicolegal considerations. A proactive monitoring approach
should include regular developmental assessments,
[reference for the graphic - https://www.mdpi.com/16489144/60/3/380 (open access)]
Dr Girish Vaidya
Prof Saul Myerson
A Consultant Child and Adolescent
Psychiatrist with clinical experience
over two continents since 1992.
Experience and expertise in Child
and Adolescent Psychiatry. Clinically
works with complex presentations. Trusted
by legal professionals to provide informative
reports that helps the Court.
Consultant Cardiologist
MB ChB MD FRCP FESC
Consultant Cardiologist and Associate Professor of Cardiovascular
Medicine. I provide expert reports on all areas of cardiology including
MRPsych, MD (Psychological Medicine), MSc (Healthcare Analytics and Artificial Intelligence),
MSc (Healthcare Leadership)
cardiomyopathy, coronary disease, heart valve disease and aorc disease.
I am a specialist in diagnosc tesng, and was head of cardiac imaging and
I undertake medicolegal reports across the spectrum of conditions that involve and
impact children and young people under the age of 18 years.
physiology in Oxford for the past 10 years. I have a large research porolio
and am an editor of three Oxford Handbooks in Cardiology.
My experience and expertise lies in the assessment and management of
neurodiverse conditions (ADHD/ASD) and their associated mental health
comorbidities (anxiety disorder/depressive disorder). Since I work with families,
I have developed an understanding of the bi-directional impact of the child's
condition on parents' and vice-versa.
I produce 50‐70 expert reports a year, for both claimant and defence
teams (50:45 split), including many naonal solicitors firms, the Medical
Protecon Society and Medical Defence Union, and I am also an expert
witness for the GMC. My experience includes many civil cases,
employment tribunals, criminal cases and the Court of Protecon. I also
In the civil courts, I undertake assessments in cases of personal injury, medical
negligence, institutional negligence amongst others. I also undertake assessments for
regulatory bodies (GMC, HCPC) and in Coroners' Inquests. Finally, I undertake
single joint expert assessments for family courts in Public Law Outline proceedings.
My work is broadly equally split between claimant and defendants.
hold Cardiff University Bond‐Solon expert witness cerficates in both civil
and criminal law. Client feedback is overwhelmingly posive, and I was
voted cardiology expert witness of the year in Lawyer Monthly magazine
for 2017 and 2019.
Those instructing have found it efficient to provide me with all healthcare (GP,
CAMHS, Paediatrics) and educational records (EHCP, if appropriate).
Virtual assessments have taken off since Covid. However, some assessments provide
more 'rich' information in a face to face interview. I undertake the former and will
let those instructing me know if the latter would be more beneficial to understand
their case.
Contact: Professor Saul Myerson
Telephone: 01865 223160
Email: saulmyerson@oxfordcardiologist.com
Website: www.oxfordcardiologist.com
Contact: Liz / Jane (for Parkhead)
Tel: 01142356258 - Alternate Tel: 01142361281 - Mobile: 07868711976
Email: girishvaidya@psychreports.co.uk
Website: www.linkedin.com/in/drgirishpsych
Parkhead Consultancy, 356 Ecclesall Road South, Sheffield, S11 9PU
OCMR Department
John Radcliffe Hospital
Headley Way, Oxford OX3 9DU
EXPERT WITNESS JOURNAL
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