Www.casemanagement.co.uk Case Management The Legal Context Fen Parry Scottish Head Injury Forum 25 th March 2011.

www.casemanagement.co.uk

Case ManagementThe Legal Context

Fen Parry

Scottish Head Injury Forum25th March 2011

Case Management

‘British Association of Brain Injury Case Managers

(Originally from CMSA)www.babicm.org

Case Management is a collaborative process

which assesses, plans, implements, co-ordinates,

monitors and evaluates options and services to meet

an individual’s health and social needs through

communications and available resources to promote

quality cost-effective outcomes.’

Where do Case Managers fit in?

Case Managers are usually, but not exclusively, instructed by solicitors to provide an assessment and subsequent services as part of a litigation claim.

The JSP model

Active practitioner

Clinical case management

Hands on, direct involvement

Advocate for client

Co-ordinator of services

In the litigation process:

A Case Manager can be…

Engaged as a professional to provide a service

Interviewed as a witness

Instructed as an expert to provide an opinion to

the court

Measuring the loss

It is the job of the solicitor to measure the client’s loss and to restore the victim to where they were before the accident.

Case Management can be a test to see what is required.

Need can be evidenced both through reports and

through provision of a case management and care

service, and engagement of therapists.

Role of the Case Manager

As a practitioner:

To assess, plan, implement, monitor, evaluate,

reassess, etc

To provide support commensurate with the client’s

needs

This can involve:

•Assessment

•Report writing

•Ongoing case management

•Support and advocacy to client and family

•Liaison with a wide range of agencies from statutory, voluntary and independent sectors

•Co-ordination of services

•Development of support packages

•Development of community rehabilitation programmes

Accountability

The Case Manager is accountable to the client

The Case Manager takes instruction from the

client’s solicitor

Case Managers follow the codes of practice of

their professional group and adhere to guidance

provided by BABICM

Requirements of the medico legal process

Record keeping – all CM records can be disclosable

Communicating with solicitor

Supporting the client through the process

Attending meetings with counsel

Supporting the client with medico legal appointments

Contact with expert witnesses

Giving evidence

Not only but also…

While Case Managers work within a medico legal

framework, we may interface with the law in other areas:

Children’s Hearing/Panel system

Mental Health Act/Adults with Incapacity Act/

Adult Support and Protection Legislation

Criminal Law

Family Law

Employment Law

Further information

BABICM – www.babicm.org

Good Practice in Brain Injury Case Management. Published 2006 Edited by Jackie Parker

Jessica Kingsley Publishers. www.jkp.com

www.casemanagement.co.uk

Contact

JSP Scotland Second floor,2 Commercial Street,EdinburghEH6 6JATel: 0131 554 8970; fax 0131 555 [email protected]@[email protected] www.casemanagement.co.uk