Occupational Therapists

Key Areas Where Occupational Therapist Expert Witnesses Support Medico-Legal Cases

Personal Injury and Medical Negligence Cases

In personal injury and medical negligence cases, Occupational Therapists assess the functional impact of injuries and provide expert witness reports on rehabilitation needs and adaptations for independent living.

The expert witness report will:

• Document functional impairments, such as:
  • Reduced mobility from fractures, spinal injuries, or amputations.
  • Loss of dexterity due to nerve damage or soft tissue injuries.
  • oPsychological barriers to daily activities following trauma.
• Assess the impact on:
  • Activities of daily living (ADLs), including dressing, bathing, and cooking.
  • Work or studying capacity and participation in social or leisure activities.
• Provide a prognosis on recovery and potential long-term disability.
• Recommend rehabilitation and support, including:
  • Therapy programmes.
  • Adaptive equipment (e.g., wheelchairs, grab rails, stairlifts).
  • Home modifications to enhance independence.
• Assist courts in determining compensation for care costs, loss of earnings, and future support needs.

Work Capacity Assessments and Occupational Health Cases

Occupational Therapists play a crucial role in workplace injury and disability cases, assessing work capacity and return-to-work feasibility under the Equality Act 2010.

Their expert witness reports include:

• Conducting workplace assessments to:
  • Identify barriers to returning to work.
  • Recommend adjustments such as ergonomic workstations or modified duties.
• Evaluating functional capacity and fitness for work post-injury or illness.
• Advising on phased return-to-work programmes and alternative roles.
• Assessing the long-term impact of impairments on career prospects.

These reports support courts and tribunals in determining compensation, employer liability, and reasonable workplace adjustments.

Court of Protection and Capacity Assessments

Occupational Therapists assess individuals’ ability to manage daily living needs under the Mental Capacity Act 2005, providing expert evidence to inform care and support decisions.

Their assessments include:

• Evaluating the ability to perform essential tasks such as:
  • Personal care, household management, and financial responsibilities.
  • Participation in social and community activities.

• Providing expert opinions on:
  • Cognitive impairments (e.g., dementia, brain injury, stroke) affecting decision-making.
  • Physical impairments limiting mobility and independence.

• Recommending care packages, including:
  • Live-in carers or support workers.
  • Specialist equipment (e.g., hoists, adapted bathrooms, riser recliner chairs).
  • Supported living or residential care arrangements.

• Assessing the suitability of living environments and necessary modifications.

Family Law Cases – Parenting Capacity and Child Welfare

Occupational Therapists assess how physical or psychological impairments affect parenting ability, providing expert reports to support family court decisions.

Their expert witness work includes:

• Evaluating a parent’s ability to:
  • Perform childcare tasks, manage household responsibilities, and ensure child safety.
  • Cope with parenting demands alongside their own health needs.
• Assessing the impact of physical or psychological disabilities on parenting capacity.
• Recommending interventions to support parenting, such as:
  • Home adaptations to ensure child safety.
  • Support workers to assist with childcare tasks.
  • Parenting programmes tailored for individuals with disabilities.
• Providing recommendations that prioritise the child’s best interests while supporting parental independence.

These reports assist family courts in making well-informed child welfare decisions.