Functional Neurological Disorder: A Growing Factor in Injury Claims

Functional Neurological Disorder: A Growing Factor in Injury Claims

The intersection of personal injury law and medical science is constantly evolving, presenting new challenges for legal professionals. One such challenge is the increasing prevalence of Functional Neurological Disorder (FND) in injury claims. FND is a condition where patients experience neurological symptoms, such as weakness, tremors, or seizures, without any identifiable structural damage or disease in the brain or nervous system. As awareness of FND grows within the medical community and the general public, its role in personal injury litigation is becoming more significant. In fact, a recent report indicates a rapid increase in personal injury claims involving FND, with these claims often evolving from initially diagnosed orthopedic or cognitive injuries.

Understanding Functional Neurological Disorder

Functional Neurological Disorder (FND) is a condition characterized by neurological symptoms that cannot be explained by structural damage or disease. Symptoms can include:

  • Weakness or paralysis
  • Movement disorders (tremors, dystonia)
  • Sensory disturbances (numbness, tingling, pain)
  • Speech difficulties
  • Seizures

These symptoms are genuine and can be debilitating, significantly impacting a person’s quality of life. Unlike conditions with clear organic causes, FND is believed to arise from a disruption in how the brain processes and transmits signals.

The Rise of FND in Injury Claims

Several factors contribute to the growing recognition of FND in injury claims:

  1. Increased Awareness: Heightened awareness among medical professionals leads to more accurate diagnoses.
  2. Subjective Symptoms: FND relies on self-reporting, making credibility testing crucial.
  3. Diagnostic Challenges: Traditional imaging techniques (MRI, CT scans) often show no abnormalities, creating a credibility gap.
  4. Potential Triggers: FND can be triggered by physical injury, emotional distress, or psychological trauma.
  5. Litigation Stress: The stress of legal proceedings can exacerbate FND symptoms, complicating the claims process.

The symptoms of FND can emerge after trauma, and their fluctuating nature complicates diagnosis. This uncertainty can make it harder to evidence causation and prognosis for legal teams.

Challenges in Personal Injury Litigation

The presence of FND in personal injury claims presents several challenges:

  • Establishing Causation: Proving that an accident or injury caused the FND symptoms can be difficult.
  • Diagnostic Uncertainty: The lack of objective markers can lead to disputes about the legitimacy of the condition.
  • Comorbidities: FND often occurs with other conditions (e.g., chronic pain, PTSD), complicating the assessment of damages.
  • Malingering Concerns: Differentiating FND from malingering (intentionally feigning symptoms) is a sensitive issue.
  • Impact on Damages: Quantifying the impact of FND on a person’s life and ability to work can be complex.

Legal and Medical Considerations

Successfully navigating FND-related injury claims requires a collaborative approach between legal and medical professionals.

  1. Early Investigation: Thoroughly investigate the claimant’s medical history, employment records, and potential stressors.
  2. Expert Witnesses: Engage neurologists, neuropsychiatrists, and other specialists with expertise in FND.
  3. Positive Signs: Experts should identify positive signs of FND rather than relying solely on exclusion.
  4. Causation Analysis: Consider predisposing, precipitating, and perpetuating factors to establish causation.
  5. Surveillance: Use surveillance to identify discrepancies between reported symptoms and actual function.
  6. Rehabilitation: Early rehabilitation and psychological intervention can improve outcomes.

Strategic Approaches to Defending FND Claims

Defendants should test credibility alongside medical causation analysis, working with a specialist team of experts. A multi-faceted approach is essential:

  • Medical Scrutiny: In-depth review of medical records and expert opinions.
  • Causation Arguments: Challenging the link between the injury and FND symptoms.
  • Surveillance: Gathering evidence to assess the consistency of the claimant’s reported limitations.
  • Multi-Discipline Expert Evidence: Utilizing neurologists, psychologists, and other specialists.
  • Strategic Litigation Tactics: Employing legal strategies to address the unique challenges of FND claims.

The Importance of Early and Accurate Diagnosis

Early and accurate diagnosis is crucial for effective treatment and management of FND. Psychological intervention, such as Cognitive Behavioral Therapy (CBT), is widely recognized as the most effective treatment. Early intervention with CBT has the greatest impact on a positive prognosis.

Seeking Compensation for FND

If you have been diagnosed with Functional Neurological Disorder after an accident or due to negligent medical treatment, you may be able to claim compensation. Compensation for FND can vary depending on the severity of the disorder and its impact on your working capabilities and needs for care. A specialist personal injury solicitor with experience in FND cases can guide you through the claims process.

Conclusion

Functional Neurological Disorder is an increasingly relevant factor in personal injury claims. As our understanding of this complex condition evolves, it is essential for legal professionals to stay informed and adopt a strategic, collaborative approach to these cases. By combining legal expertise with medical insights, we can ensure fair and just outcomes for all parties involved.