www.casemanagement.co.uk case management the legal context fen parry scottish head injury forum 25...
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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