About Occupational Therapy
Occupational Therapists (OTs) play a critical role in helping people of all ages overcome the effects of disability caused by illness, ageing or trauma, so that they can carry out their everyday tasks or occupations.
Occupational Therapists consider all aspects of a person’s needs: physical, cognitive, psychological, social and environmental. This support makes a real difference in restoring independence, opening up new horizons, changing the way people feel about their future, and renewing a sense of purpose.
Occupational Therapy Expert Witnesses
An OT Expert Witness will have specialist knowledge in a particular subject and/or many years experience of delivering high quality, effective OT treatment to a range of client groups.
OT Experts are required in personal injury and clinical negligence cases to undertake an assessment of an “injured” person, and provide expert opinion on their needs. This is to assist the Court in ascertaining and quantifying any financial compensation appropriate to that claim.
The OT’s role is to provide impartial, professional advice, clarification, opinion and information to assist the Court to reach a fair and reasonable decision.
The instructed / allocated OT should have the appropriate qualification, knowledge and experience to assist the process of litigation. The evidence of the expert should always be:
Impartial
Objective
Unbiased
Independent.
OTs are instructed on behalf of the Claimant, Defendant, or as a Single Joint Expert (SJE). A full instructing letter will inform the nature of the assessment / report needed; often the following is required:
A review of a Claimant’s medical history to understand their abilities prior to any injury / illness
A comprehensive assessment of the Claimant’s current functional status
Quantification of a Claimant’s needs arising from any temporary or permanent impairment of function and consequential loss of independence.
Areas of expertise will include consideration of:
Past, current and future therapy / rehabilitation needs
Vocational / functional capacity
Equipment / adaptation needs
Former life roles and necessary adjustments to enable people to resume these roles
Past, current and future care needs / costs.
When considering recommendations, the issue of “reasonableness” must be carefully managed. The principal that governs the assessment of damages is, so far as is possible, to put the Claimant in the position they would have been in had they not been injured.
As summarised in Heil v Rankin et al (2001) 2 QB 272, Lord Woolf MR said:
“….the aim of an award of damages for personal injuries is to provide compensation. The principal is that “full compensation” should be provided…..the compensation must remain fair, reasonable and just. Fair compensation for the injured person. The level must also not result in injustice to the Defendant, and it must not be out of accord with what society as a whole would perceive as being reasonable.”
The Responsibility of the OT Expert Witness
OTs acting as Expert Witnesses have to observe prevailing professional standards as set out by the Royal College of Occupational Therapists (RCOT) and the HCPC, including:
Code of Ethics and Professional Conduct (COT 2015)
Professional Standards for Occupational Therapy practice (COT 2017)
Standards of Conduct, Performance and ethics (HCPC 2016)
Standards of Proficiency: Occupational Therapists (HCPC 2013).
It is important to note that client confidentiality takes second place to the Expert Witness’ overriding duty to provide client related information to the Court, as detailed in the Civil Procedure Rules Part 35.
Experts should have the necessary experience to deal with the case they are being instructed on. In addition to their specialist knowledge, they should also be able to:
Express themselves effectively both in written material and orally
Demonstrate a logical progression from assessment through the need identification and then final recommendations
Robustly demonstrate the reasoning behind their recommendations
Remain calm and clear in complex meetings and when required in court proceedings.