Articles

Medico-Legal Jargon

IMO Newsletter “Chronic Fatigue Syndrome: Facts vs Fiction” Seminars wrap-up (with resources)

 Introduction
This IMO Newsletter article provides an update on the recent seminars on “Chronic Fatigue: Fact vs. Fiction” held in Sydney and Melbourne. The intention is that this post-seminar report will be a useful resource and act as a primer for further education of our clients and clinicians in this topic area.

As we stated in the invitation emails for these Sydney and Melbourne seminars we believe that CFS is hard to diagnose and manage clinically, presents many challenges for an IME, and is hard to prosecute/defend for a legal case.
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IMO Newsletter “Pain & Feigning” Seminars wrap-up (with resources)

Introduction
This IMO Newsletter article provides an update on the recent seminars on “Pain & Feigning” held in Sydney and Melbourne. The intention is that this post-seminar report will be a useful resource and act as a primer for further education of our clients and clinicians in this topic area, relevant to your particular cases/clients.

The content includes links to the seminars’ PowerPoint presentation and a document of references used in preparation of the seminars with bibliography resource material which I believe should be a useful resource (5 pages) for clients, including Case Managers, Lawyers, Injury Management Advisors and IME medico-legal consultants. It may also be downloaded as an IMO Pty Ltd copyright document for private study and/or organisation-wide information libraries.

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Testamentary capacity & competence assessment: questions of relevance given increasing ageing and dementia in Australia

Introduction
This is a short article extracting some key content from an article pre-publication (hopefully in an eminent peer-reviewed journal) by Jane Lonie. The intention is that this article will be a primer for further reading in this area as relevant to your particular cases/clients.

Background
Capacity is:
• the ability to make and communicate a decision;
• not a unitary or global concept;
• domain specific: particular to the type of decision being made (e.g. personal, health, financial); and
• decision or task specific: different for every decision made, even within one domain.[1]

The 7 Major Factors Why Health Outcomes are Worse with Compensable Injuries

According to the 2001 paper “Compensable Injuries and Health Outcomes” there is sufficient good quality evidence along with significant agreement among practitioners in all relevant fields that a greater percentage of people with compensable injuries have poorer health outcomes than do those with similar but non-compensable injuries.

What was the Catalyst?

The catalyst for this project was an editorial titled “Disability and work-related injury: time for a change?” published in February 1999 in the Medical Journal of Australia (Molloy et al, 1999). The authors suggested ‘…there has been an excessive focus on medical factors at the expense of psychosocial considerations, leading to the medicalisation of suffering’. This struck a chord with many occupational physicians, as they believed practitioners in all fields were concerned about the negative impact poorer health outcomes in this area had on people’s lives as well as the community. Of particular note was the recognition the quality of management of the most common types of compensable injuries (non-specific low back pain, ‘whiplash’ and other soft tissue injuries) should be improved.

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Implications for Dismissing a Worker on Worker’s Compensation

Before deciding to dismiss any worker at your business, you should always ensure you have more than enough reason for doing so — especially if the worker in question is off on worker’s compensation leave. Without good reason for dismissing a worker and proof to support it, your move may backfire and can cost your business a huge amount of money. The following is a look at some of the possible implications for dismissing a worker on worker’s compensation.

The right reason

If you want to be able to fire a worker who is currently on sick leave, you need to have a reason for terminating their employment other than their being absent from work. The Workplace Relations Act 1996 requires that you have some other reasonable reason for dismissal, otherwise you are little chance of being able to legally fire them. If you think your worker may be faking a health issue to avoid disciplinary action, insist on them getting an independent medical opinion.

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Frequently Asked Questions Regarding Spinal Cord Injuries

Spinal cord injuries are very serious. In some cases, they can even be deadly. If somebody you love has sustained a spinal cord injury, make sure you consult a few different experts and gain their independent medical opinion. This will ensure that you get a good idea of how serious the injury is and whether or not it’s permanent.

You need to learn as much as you can about spinal cord injuries and the problems they cause. Here are six frequently asked questions regarding these types of injuries.

1. What causes spinal cord injuries?

Approximately 55% of spinal cord injuries are caused by vehicle collisions, 27.6% are caused by sports injuries and other medical conditions, and 17.7% are caused by falls. In other words, these injuries are caused by sudden impact and the damage is immediate.

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Common Types of Medical Malpractice

We all like to think that we’re in good care whenever we’re at a hospital or clinic, but that’s not always the case. Although everyone makes mistakes, a healthcare professional can sometimes make deadly mistakes. Many times, these mistakes could have been avoided. This is why people contact medico legal experts. They want to know if there is anything they can do to receive compensation for medical malpractice.

Here are the eight most common types of medical malpractice:

1. Surgical Errors

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3 Ways to Improve Your Medico-Legal Jargon

These days, more and more jobs require you to have an understanding of medico legal jargon to operate confidently within your role. Whether you’re working in a legal capacity, a medical one, neither or both, there are increasing crossovers between the two in many different industries and it is not only helpful but advisable to have at least a basic understanding of what certain terms mean. Any instance in which you seek out an independent medical opinion will require in at least some capacity an ability to understand common medico legal jargon. Here, we’ve created a bit of a glossary to help you gain confidence in the area:

Activities of Daily Living (ADI): This refers to things such as self care, personal hygiene, sexual function, walking and communication. It does not specifically include work, it is more indicative of an individual’s ability to perform the basic skills required to live and care for him/herself. Usually this term is used in reference to evaluating the extent to which an injury has impacted on a person’s life.

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