In orthopaedic personal injury litigation, the medical diagnosis is only the starting point. While orthopaedic surgeons establish the nature of fractures, joint damage, soft tissue injury, or surgical outcomes, courts must also determine how those injuries affect daily living, independence, and long-term functioning. This is where occupational therapists (OTs) play a critical role as expert witnesses.
An orthopaedic report may confirm that a fracture has healed, a joint has been stabilised, or surgery was technically successful. However, healing does not automatically equate to restored function. Pain, stiffness, reduced endurance, altered biomechanics, and psychological avoidance can all limit recovery.
By observing task performance and environmental interaction, OTs identify the practical consequences of musculoskeletal injury — often revealing challenges that are not evident in a clinical examination alone.
Functional Capacity and Return to Work
In many orthopaedic claims, disputes centre on employability and long-term earning capacity. An individual may be physically able to perform certain movements in a controlled assessment but unable to sustain them over a full working day. Occupational therapists evaluate stamina, pacing ability, postural tolerance, and task repetition. They consider whether reasonable workplace adaptations could mitigate limitations or whether role modification is realistic. This analysis supports proportionate assessment of future loss, ensuring compensation reflects functional reality rather than theoretical capacity.
Occupational therapists do not replace orthopaedic experts; they complement them. Where the orthopaedic surgeon explains the injury and prognosis, the occupational therapist demonstrates its lived impact. This integrated approach reduces evidential gaps and supports coherent case presentation.
In high-value or contested claims, coordinated instruction of orthopaedic and occupational therapy experts strengthens causation analysis and ensures that functional recommendations align with established medical findings.
At Medico-Legal Healthcare, our occupational therapist expert witnesses deliver independent, court-compliant assessments in orthopaedic personal injury claims. By grounding their opinions in functional analysis and environmental context, they help legal teams present balanced, credible evidence that supports fair and well-informed outcomes.