Lead Article – February 2022

What’s the Difference Between the Heart and the Brain?

From the medical perspective, there are very significant differences between these two important organs. I won’t bore you with them.

From the legal perspective, the terms are used a little more loosely. The heart is often looked upon in sympathetic terms. Conversely, the brain is looked upon as being the intellectual motor.

From a medicolegal perspective, I routinely endeavour to engage the brain to report without emotion. The goal is transparency, objectivity and correctness.

There are times though when my heart would have me report differently. The issue usually boils down to causation. Some patients have been exceedingly seriously injured and the course of their lives irreversibly altered for the worse. Unfortunately, the causative agent is not as they believe and, in all likelihood, is of a non-compensable nature.

Whilst it is tempting to adopt a more lenient view, such an approach would be both incorrect and potentially immoral.

It does occur to me though that there are times when the judicial overlord may decide differently. I can only hope.