Later on, I became a monk in the Tibetan Buddhist tradition.
He was flung from the back of an Isuzu bakkie which overturned after driving over an uncovered manhole in the road near Paarl, causing the driver of the vehicle to lose control.
It is common cause that Evan sustained severe cranio-facial injuries, very severe traumatic brain injuries and a fracture of the right radius. He also lost the vision in his left eye. The merits were resolved in terms of a settlement agreement entered into between the parties on 8 June Of this amount R The Plaintiff therefore does not persist with the claim for past hospital and medical expenses, this claim having being paid by the First and Second Defendants in the manner set out above.
The quantum of the claims for future loss of earnings, future medical expenses, general damages and the costs of the curator bonis must thus be determined. The remaining parties i. Apart from the Plaintiff himself the evidence consisted of the expert testimony of witnesses called by the remaining parties.
A number of expert summaries were filed by the parties, but not all of these experts were called. Edeling neurosurgeon ; Ms Coetzee clinical psychologist with expertise in the field of neuropsychology ; Dr. Legg speech and language therapist ; Ms Bester occupational therapist ; Dr Versfeld orthopaedic surgeon ; Mr Linde industrial psychologist ; and Mr Munro actuary.
Neither Dr Edeling nor Dr Legg had an expert counterpart but all of the other experts who testified met with their respective counterparts prior to the commencement of the trial and joint minutes were filed on their behalf. Also filed was the joint minute of Dr Shevel and Dr George, the psychiatrists appointed to assess Evan by the Plaintiff and the Defendant respectively.
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Reference was made to their joint findings by certain of the other experts during their testimony. Before turning to define the issues and to consider the evidence it is useful to first outline the approach of our courts to expert testimony. Although that case concerned whether or not medical negligence had been established, the general principles in evaluating expert evidence are also applicable in the present case.
The learned Judge was not misled by this into abdicating his decision-making duty. Nor, we are sure, did counsel intend that that should happen.
However, it is perhaps as well to re-emphasise that the question of reasonableness and negligence is one for the Court itself to determine on the basis of the various, and often conflicting, expert opinions presented.
W hat is required in the evaluation of such evidence is to determine whether and to what extent their opinions advanced are founded on logical reasoning… ….
I t must be borne in mind that expert scientific witnesses do tend to assess likelihood in terms of scientific certainty. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation.
An expert witness should provide independent assistance to the Court by way of objective unbiased opinion in relation to matters within his expertise. An expert witness should state the facts or assumptions upon which his opinion is based.
He should not omit to consider material facts which could detract from his concluded opinion. An expert witness should make it clear when a particular question or issue falls outside his expertise. This is essentially limited to his pre-morbid future earning capacity.
There is a distinction between injury diagnosis and outcome diagnosis, the former relating to the injuries sustained as a consequence of the accident, and the outcome diagnosis relating to the complications and sequelae of such injuries.
Evan was an in-patient at the Paarl Medi-Clinic for 42 days. On admission his Glasgow Coma Scale was recorded as 6 out of 15 points. Based on this criterion alone, the primary diffuse brain injury was severe.
A score below 8 out of 15 points falls into the category of severe traumatic brain injury. This injury excludes the focal and secondary injuries which were not reflected in the Glasgow Coma Scale recorded on admission to hospital.
On 14 August eight days after the accident Evan underwent a decompressive craniotomy because of swelling of the brain and a repair of the large brain laceration in the frontal lobes of the brain. A decompressive craniotomy is an uncommon neurosurgical operation that is only performed in extreme cases.
A large portion of the skull is surgically removed to allow the brain to expand and allow the pressure to reduce. It is a potentially dangerous procedure, since when the skull is removed the brain herniates out at the edges and this may lead to further brain damage. On 22 August a further eight days later a cranioplasty and repair of the cerebro-spinal fluid leak was carried out.
During thecranioplasty the large piece of skull of the forehead which was surgically removed for the purposes of the craniotomy was replaced after the swelling had settled to reconstitute the contour of the forehead and the skull. In order to repair the cerebro-spinal fluid leak a membrane was inserted to cover the fracture so that it sealed the fracture and prevented the fluid from leaking into the nose or sinuses.
If impaired level of consciousness of a person who has suffered traumatic brain injury persists for longer than seven days it is categorised as a severe brain injury.
According to the hospital records Evan suffered from an impaired level of consciousness for at least 14 days, putting the brain injury into the category of very severe.
Evan also had significant other risk factors for secondary brain injury apart from those already mentioned, such as fluctuations in blood pressure as noted from the hospital records.
Epileptic seizures were also documented on 6, 7 and 19 Augustevidenced by twitching on the right hand side which is indicative of injuries to the left side of the brain.BUY FLOMAX NO PRESCRIPTION, Mindfulness meditation is not a fad, say journalists, celebrities, psychologists, and even transhumanists..
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I see the problem from a slightly different angle. The problem with the celibacy is whether or not it is fully conscious. In order to make this research useful, and to determine how the emotional effects of impulse buying are related to future behaviour, it is crucial to make viable .
‘Gough will be in a good position to judge, as he will be working for Sky Sports during its coverage of the series.’ ‘It discusses the need and value of a good reputation for both York as a .
Dear Twitpic Community - thank you for all the wonderful photos you have taken over the years. We have now placed Twitpic in an archived state.
Psychosocial Risk Factors The Board expects you to know about personality, peers, parents and stress. This could be in the form of a full sixteen mark essay but is more likely to be a scenario (AO2) question.