My Practice

Solicitors Section.

AREAS OF LAW -

Dr. Higgs is one of few clinicians worldwide with extensive skills in Orthopaedic & Traumatic Surgery and Forensic Engineering. Combined with a Law degree this enables him to consider a wide spectrum of legal issues related to these disciplines.

He will provide medical reports to Solicitors (in Australia and Overseas) and to Insurance providers. He is able to provide opinions on almost all aspects of musculo-skeletal pathology and trauma.

Personal injury -

• Both simple and complex personal injury claims, including assessment of damages, instructed by both claimant and respondent. His predominant area of expertise includes Orthopaedic and Traumatic conditions arising from injuries suffered at Work, with Recreational activities, and in Motor Vehicle Accidents This can include hip knee, back and upper limb injuries
• Sports law. He is experienced in sporting personal injury and is familiar with personal injury claims against sporting officials (referees and medical officers).
• Traffic accident investigation. He is also frequently retained to provide expert opinions with regard to injuries suffered in motor vehicle accidents. His engineering expertise is invaluable when assessing damage involving a vehicle.
• Equipment failure (e.g. gymnasium equipment failure that is associated with personal injury).

Workers Compensation

Dr. Higgs is a Workers Compensation Commission (WorkCover- NSW) Approved Medical Specialist for the Assessment of Permanent Impairment, for Dispute Resolution and for Appeals. His predominant areas of expertise include orthopaedic hip, knee, neck, back and upper limb injuries arising suffered at work.

Product Liability. Medical Device Product Liability.

• Unfortunately people are frequently harmed by dangerous or defective medical products and if your client is one of the unlucky ones, expert medical assistance will be required. This is sometimes difficult to find.
• Robin Higgs is not only a qualified surgeon but he also has Masters Degrees in Mechanical Engineering and in Laws. The ability to combine an accurate clinical judgement with the experience and understanding of medical, legal and engineering concepts is pertinent to any issue of product liability in general and to implantable surgical devices in particular.
• Implants - when you hear the work "implants" lawyers frequently think of breast implants. However there are a great many different implants that can be used for cosmetic and/or therapeutic medical/surgical reasons. RH has provided opinions on a range of liability issues from contraceptive devices failure to the failure of knee replacement implants.

Medical Negligence

Medical Negligence claims are complex. The plaintiff or the defendant can be ensured of an informed, well researched, independent and sustainable opinion. Dr. Higgs has been involved in areas as diverse as the following:

• Ethical questions concerning consent to treatment, failure to warn, wrongful death and loss of chance.
• Undiagnosed/missed fractures. The patient is invariable examined, sometimes x-rayed and can be discharged home often with a diagnosis of a sprain.
• Nerve palsy after joint replacement.
• Compartment Syndromes following elective surgery and trauma.
• Wrong site surgery.
• The use of therapeutic devices that are not fit for purpose.

Wrongful Death

Inquests and Coronial enquiries. Dr Higgs has represented both the families of deceased and those other interested stakeholders, including Medical Practitioners, Area Health Authorities, Private Health Care Providers, Insurers, Government Departments, and Paramedical Providers.

Report Writing

• Dr. Higgs receives approximately 450-600 instructions per year.
• The waiting time for an appointment is approximately 3-4 weeks although he is able to see clients at very short notice should this be required.
• The approximate ratio of work for Claimant: Respondent: Joint Instructions is of the order of 60:35:5.
• RH is subpoenaed to give evidence on approximately five occasions only of each year. He has been required to give oral evidence in court only twice during the last three years.
• Impairment Assessments are, where appropriate, determined using the guidance provided by the Table of Maims, AMA4, AMA5 (with where appropriate reference to Motor Accident Authority and WorkCover (NSW) Guidelines), Australian Government (Comcare) Guide to the Assessment of the Degree of Permanent Impairment, Military Compensation and Rehabilitation Service Guide to the Assessment of the Degree of Permanent Impairment, PIAB (Republic of Ireland) Guidance Notes, and from UK Solicitors