N THE PROPOSED PROCEDINGS Case No.
BETWEEN
Josephine BLOGGS Claimant
and
Fred SMITH Defendant
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RESPONSE TO QUESTIONS PURSUANT TO CPR PART 35
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This Response to Questions is addressed to the Court by whom the matter is to be heard.
Re: Fred SMITH
Date of Birth:15th Never 1066
Address:
Substance of Questions:
The response is prepared in reply to questions received from the Defendant's Instructing Solicitors in a letter dated 29th January 2008.
Response to Questions supplementary to report of D A Campbell
INTRODUCTION
I understand that under the Civil Procedure Rules part 35.6 either party is entitled to submit questions, on one occasion, to seek clarification on issues within an expert's report. Accordingly, I respond as follows: -
Question 1:Which of the Claimant’s absences from work can be fairly attributed to the index accident having reviewed the letter of 22nd January 2008 from MMM Pay Roll Department and the Special Damages Schedule.
Answer:It is generally accepted that soft tissue injuries can have symptoms relating to them ascribed for approximately eighteen months from the date of injury. On that basis I think it would be reasonable to ascribe the absence dates of 25th April 2004, 9th October 2004, 7th January 2005 and 6th September 2005 to the symptoms which A advises had arisen from the accident.
Question 2:To what extent did the index accident cause the Claimant to need care and assistance, which she would not have needed in the absence of the accident.
Answer:I am conscious of my duty to provide a reasonable range of opinion and would have to say that the type of injury described could give rise to restricted physical activities for heavy housework cleaning for a period of three months following the accident, but I have to say that after that I see no reason why A should not have undertaken shopping, could not have driven or walked a dog [unless the dog was of an unusually large and aggressive type] and I do not see why A required to have a bed downstairs. We have research evidence, which is widely accepted that physiotherapy is of no physical benefit after six months from the date of a soft tissue injury and therefore I do not believe that physiotherapy in November 2006 to January 2007 could be justified on the basis of physical injury arising from the accident in 2004. I should also point out, bearing in mind my duty to provide a reasonable range of medical opinion, that I have assessed the amount of time taken off after whiplash-type injuries by patients of similar age and sex but differing employers.
I understand that in preparing this response my overriding duty is to the Court and to assist the Court on matters within my expertise. I also understand that this duty overrides any obligation to the parties or their Solicitors. I believe that the facts I have stated in this response are true and that the opinions I have expressed are correct.
…………………………..Date ………………………
Mr D A Campbell
BSc MBChB FRCS FRCS (Ed)
[Consultant Neurosurgeon]
D A Campbell
Response to Questions
