RBSI specialist questions lack of agreement on care

Martin Baylis, technical claims consultant at Royal Bank of Scotland Insurance, questioned why healt...

Martin Baylis, technical claims consultant at Royal Bank of Scotland Insurance, questioned why health experts "can't agree on care regimes".

In response, Colin Ettinger, partner at Irwin Mitchell, explained that the law of damages involves restoring the claimant, as far as possible, to the position they would have been in if the injury had not occurred.

"The claimants' care experts are always accepted over the defendant. The defendant often relies on hired guns," he added.

He said it is about restoring a pre-accident standard of life - and as an example added that it is not just about getting someone out of bed everyday but giving them the choice regarding when they want to wake and get up. Mr Ettinger said the defendant expert would call it "mollycoddling" but that in fact it is about improving their lives. "That's the area of major disagreement between the experts," he added.

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