Knee Injury in UK Law
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Rubenstein v HSBC Bank Plc
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Much reference was made by Mr Cogley to Lord Hoffmann's example of the mountaineer in his speech in SAAMCO (at 213). The importance of that example is that it illustrates the significance of the scope of a defendant's duty for the purpose of questions of causation and remoteness. A mountaineer is told by his doctor that his knee is fit for a mountain climb, but the doctor is negligent, ie the knee is not fit.
But what does the mountaineer's example teach us in the present case?
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Chester v Afshar
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In cases such as the present, however, it simply cannot be said that the injury suffered had nothing to do with the problem which had taken the claimant to the doctor. It was a consequence of that very problem and the doctor's attempt to put it right. Furthermore it was a consequence about which the claimant had expressed her concern to the doctor and been wrongly reassured.
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Jobling v Associated Dairies Ltd
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Heil v Rankin
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Consistency is important, because it assists in achieving justice between one claimant and another and one defendant and another. It also assists to achieve justice by facilitating settlements. The courts have become increasingly aware that this is in the interests of the litigants and society as a whole, particularly in the personal injury field. It is for this reason that the introduction of the guidelines by the Judicial Studies Board ("JSB") in 1992 was such a welcome development.
When the question is the level of damages for non-pecuniary loss the Court is engaged in a different exercise. As we have said, it is concerned with determining what is the fair, reasonable and just equivalent in monetary terms of an injury and the resultant PSLA. The decision has to be taken against the background of the society in which the Court makes the award.
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South Australian Asset Management Corporation v York Montague Ltd ; United Bank of Kuwait Plc v Prudential Property Services Ltd ; Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (Formerly Edward Erdman an Unlimited Company)
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A mountaineer about to undertake a difficult climb is concerned about the fitness of his knee. He goes to a doctor who negligently makes a superficial examination and pronounces the knee fit. The climber goes on the expedition, which he would not have undertaken if the doctor had told him the true state of his knee. He suffers an injury which is an entirely foreseeable consequence of mountaineering but has nothing to do with his knee.
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The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011
...... “additional multiple injury lump sum” means a benefit previously awarded under article 15B 9 of the ... 6 . Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, ......
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The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019
......Amendment of article 12. 3. In article 12 (injury and death – other exclusions)( 3), for paragraph (3), substitute—. ...knee, ankle, shoulder or wrist strain, sprain or overuse injury with confirmed ......
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The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017
......S-4. Amendment of article 12 (injury" and death – other exclusions)Amendment of article 12 (injury and death \xE2\x80"... injury which has resulted in full thickness rupture affecting one knee, ankle, shoulder, elbow or wrist from which the claimant has made or is ......
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The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment No. 2) Order 2008
...... (a) including an injury of a description which is the same as the injury in respect of which the ... 6 . Complex injury covering all or most of the area from thigh to knee, knee to ankle, shoulder to elbow or elbow to wrist, with complications, ......
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The Effect of the Fact/Opinion Distinction on CPR r. 35.2: Kirkman v Euro Exide Corporation; Gall v Chief Constable of the West Midlands
...... evidence of fact and expert opinion in the context of a personal injury action’. 7 Both cases also involve doubtful classifications of evidence ...’s leg was amputated in 2003 after he developed MRSA following knee surgery performed in May 2002. The claimant had been treated by Mr Banks, ......
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Uncertainty Over Causal Uncertainty: Karen Sienkiewicz (Administratrix of the Estate of Enid Costello Deceased) v Greif (UK) Ltd
...... inherently impossib le for the claim ant to pro ve exactly ho w his injury was ca used’ . 11 The boundariesof the concept of ‘inherent impos ... Area Health Authority , 18 ( Hotson ) where the plainti¡’ s knee injury w as negligentl y misdiagnosedby a doc- tor , such thathis 25 per ......
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Joint-angle-based yoga posture recognition for prevention of falls among older people
Purpose: United Nations’ World Population Ageing Report states that falls are one of the most common problems in the elderly around the world. Falls are a leading cause of morbidity and mortality a......... adults, and the second leading cause of accidental or unintentional injury/death after road trafficinjuries. The rates are h igher in hospitalized p ...Co nsequently, such paramete rs as the hip joint and knee angle s are to be specified in rangefor a classification of ......
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Allocating Health Care Resources in an Imperfect World
...... really no different from, say, refusing treatment for a knee injury to a professional footballer on the grounds that he is ......
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It's A Fair Cop: Desk Injury Officer Brings Exaggerated Claim
...... Background. Ms Jenkins suffered a knee injury when her supervising officer hid her mobile phone in a ceiling void. The Claimant climbed on a desk to retrieve it and fell hitting her left ......
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Professional Footballer Seeks Damages Over 'Career-Threatening' Tackle
...In any contact sport the risk of injury is inevitable. Whilst the majority of injuries tend to be minor, there ... and left Blackstock side-lined for fifteen months with a horrific knee injury. Recently, the footballer issued an action for damages in the ......
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The 10 Most Common Injuries Caused By Slips, Trips, And Falls In The Workplace
......common. Shoulder dislocation and knee injury can also commonly. occur. After fractures are sprains and ......
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Personal Injury And General Damages
......Male . Claimant fell from overhead platform and landed on head, causing brain damage. Consequently, claimant suffered disability. . £150,000. Knee . Bronson v Inker . Brighton. (District Judge Gamba) . December. 2006. 29. Female. Claimant suffered injury to knee, foot and neck when her ......