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4 Causation

Published online by Cambridge University Press:  09 November 2023

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The Journal of Laryngology & Otology , Volume 100 , Issue S11: Forensic Audiology , 1986 , pp. 11 - 12
Copyright
Copyright © JLO (1984) Limited 1986

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References

[1] [1977] 2 AER 756, Court of Appeal.

[2] [1961] 3 AER, 831.

[3] Edmeades v Thames Board Mills Ltd [1969] 2 AER 127.

[4] In Slater v Ministry of Defence, 25th November 1970, Stafford Assizes, Mr Justice Bridge attributed hearing loss to chronic otitis media on the medical evidence. In Harbach v Garringtons Ltd, 16th June, 1971, Birmingham Assizes, Sir Roger Ormrod found that otosclerosis which responded to stapedectomy on one side was also the cause on the disputed side.

[5] On the detection of malingereis, see R.R.A. Coles on “Non-organic hearing loss”, in Otology, (Gibb, A. and Smith M. eds.) Butterworths international medical reviews 1982. The use of private detectives is legitimate. The Medical Defence Union reduced damages when a Sing;tpore man claiming radial nerve palsy after an injection was seen lifting vegetables into his van (Annual Report, 1985). Dr Coles has related the case of a Southampton man claiming severe dizziness after head injury. The defence produced a photograph of him riding a bicyle whilst carrying a 20-foot ladder on his shoulder. The judge was not very impressed by the man's complaint of disabling dizziness.