‘A Practical Guide to Functional Neurological Disorder Claims’ by Fiona Ashworth

Description

There has been an exponential increase in the number of Functional Neurological Disorder cases litigated in recent times. These cases are often high value claims, arising out of relatively trivial insults. Despite being a relatively common occurrence, it is often overlooked, misunderstood and inappropriately handled.

In order to recognise such cases and to prepare and present them, it is necessary to have a full understanding as to the presentation, causes and practical considerations. It is also important to recognise the potential hurdles, pitfalls and specific needs, peculiar to the case. This guide seeks to provide a practical overview for practitioners: what FND is, how it may be identified within the evidential landscape of a claim, issues of causation and losses and how such cases can be prosecuted and defended, to full effect.

ABOUT THE AUTHOR

Fiona Ashworth has a nationwide reputation for acting in cases involving Chronic Pain Syndromes, Complex Regional Pain Syndromes, Chronic Fatigue Syndromes, Somatoform Pain Disorders, Somatic Symptom Disorders, Bodily Distress Disorders, Conversion Disorders, Functional Neurological Disorders, and Fibromyalgia. She is considered a leading expert on pain and functional disorders.

Fiona has lectured extensively nationwide, organised numerous Pain and FND Seminars, and contributed published articles on the topic. She was a delegate at the Pain Summit at Westminster, a speaker at the medico-legal forum at Peterhouse College, Cambridge in 2015, and 2024. She was also a speaker at the British Pain Society’s 50th Annual Conference and at the annual Grange conference for mental health professionals.

Fiona is the patron of Burning Nights CRPS charity and works alongside founder Victoria Abbot Fleming to raise awareness of CRPS. She has sat as a Recorder since 2009.

CONTENTS

Chapter One – Introduction
Chapter Two – What Is Functional Neurological Disorder?
Chapter Three – Correlation With Psychiatric Conditions
Chapter Four – Correlation With Pain Conditions
Chapter Five – Spotting Functional Neurological Disorder Cases
Chapter Six – Causation
Chapter Seven – Treatment and Prognosis
Chapter Eight – Running and Defending an FND Claim
Chapter Nine – Intermediaries
Chapter Ten – Inconsistencies vs Malingering
Chapter Eleven – Conclusion
Acknowledgements

TESTIMONIALS

“This is a comprehensive and exceptionally clear discussion of a complex area in medicine and medicolegal practice. Functional Neurological Disorder (FND) has always occupied an uncertain place in medical practice, somewhere between neurology and psychiatry with neither speciality really claiming responsibility for patients who commonly have very high levels of disability, impaired quality of life and health and social care expenditure.

The past 25 years have seen a major shift in medical understanding and practice, and this book is therefore very timely. It provides a holistic understanding across biological, psychological and psychosocial predisposing, precipitating and perpetuating factors, merging up to date clinical knowledge with an expert medicolegal perspective.”

– Professor Mark Edwards, Consultant Neurologist, Brain & Mind Ltd

“Fiona Ashworth provides an authoritative and clear guide to this sometimes confusing and always fascinating corner of personal injury and clinical negligence litigation. Some of the most difficult cases to bring and to defend involve claimants with FND. How helpful to have a true specialist to share her considerable experience and valuable insights.”

– Mr Justice Nigel Poole