In personal injury and clinical negligence litigation, questions around return to work are often central to a claim. Following an orthopaedic injury, courts are frequently asked to determine not only whether an individual has healed medically, but whether they are genuinely capable of resuming employment in a safe, sustainable, and functional way. This is where the role of the orthopaedic surgeon as an expert witness becomes critical.
Medical Recovery vs Functional Capacity
Orthopaedic surgeons are uniquely positioned to clarify the distinction between biological healing and functional capacity. A bone may unite, and a joint may be structurally stable, yet the individual may still experience persistent pain, reduced range of motion, weakness, or fatigue that limits their ability to perform work-related tasks.
As expert witnesses, orthopaedic surgeons assess how an injury affects real-world function. This includes evaluating lifting capacity, tolerance for repetitive movement, ability to stand or sit for prolonged periods, and the impact of pain on sustained performance. These considerations are particularly relevant in physically demanding roles such as construction, healthcare, manufacturing, and manual trades, but they are equally important in sedentary occupations where posture, endurance, and concentration are required.
Assessing Sustainability and Risk
Return-to-work assessments are not limited to whether an individual can work on a given day, but whether they can do so consistently and safely over time. Orthopaedic expert reports often address the risk of symptom exacerbation, re-injury, or accelerated degeneration if a person returns to unsuitable duties too early.
This is especially relevant in cases involving spinal injuries, joint replacements, or complex fractures, where premature or unsupported return to work may lead to deterioration and further treatment needs. Orthopaedic surgeons provide courts with evidence-based opinions on whether work restrictions, phased returns, or permanent role modifications are clinically justified.
Prognosis, Adaptation, and Future Employment
In addition to current capacity, orthopaedic expert witnesses are frequently asked to comment on prognosis. Will function improve with further rehabilitation? Are symptoms likely to stabilise, worsen, or fluctuate? Is retraining or vocational adjustment advisable? These opinions are central to claims involving loss of earnings, reduced earning capacity, or future care needs. Orthopaedic surgeons draw on clinical experience, guidelines, and longitudinal evidence to offer realistic projections rather than optimistic assumptions.
Independent, Evidence-Based Opinion
At Medico-Legal Healthcare, our orthopaedic expert witnesses provide independent, court-compliant opinions on return-to-work capacity following injury or surgery. With extensive clinical experience and a clear understanding of medico-legal requirements, our experts assist solicitors and courts in evaluating functional limitation, prognosis, and the long-term impact of orthopaedic injury—supporting fair, evidence-based outcomes in complex litigation.