Some of you reading this will not have heard the term expert witness before and may wonder how an occupational therapist can work in this role.
An expert witness is someone who has appropriate qualifications, knowledge, and experience to assist in the process of litigation.
The role of the occupational therapy expert witness being to assess and determine the functional impact of an accident or injury and to advise the courts as to the value of the loss incurred in respect of care, equipment, accommodation need and other areas of an individual’s life that has been affected objectively and independently.
Barbara Franks
Occupational therapists are ideally suited to this role, as we undertake holistic assessments anyway which focus on an individual’s physical and psychological well-being and the impact a health condition, injury or accident has on their ability to function in their day to day lives.
The focus goes beyond the basic activities of daily living but also considers extended activities of daily living e.g. caring for their children, pet care, driving, gardening and leisure activities to name but a few.
The occupational therapy expert witness will provide their opinions to the court with reference to their own assessment and also in light of the medical and other evidence.
As recommendations for care, equipment and therapy are not necessarily bound to that which can be provided within statutory services, it gives occupational therapists the ability to think more widely and creatively, which is both exciting and challenging.
Alongside this, they need to have the ability to analyse medical evidence and identify where the evidence either concurs or disagrees with the findings of their assessment.
This role requires a high level of accuracy, attention to detail, excellent written and verbal communication skills and the ability to clinically reason your opinion throughout the duration of the case, which may run to 4/5 years (longer for paediatric cases).
It is essential that the occupational therapist remains in clinical practice in the area in which they profess to be an expert and, as such, this role can be undertaken alongside another clinical or case management role (either within the NHS, Social Services, or privately).
ability to demonstrate clinical currency is essential to ensure that clinical skills are maintained to give credence to you as an expert witness. There is a need for some dedicated time, as reports are lengthy (60 pages plus).
Giving evidence in court is rare, but always a possibility; however, experts are often required to attend case conferences with their instructing solicitor, alongside other experts who may be providing opinions in relation to the case.
I would urge any occupational therapists out there, who have at least eight years’ clinical experience, to consider this role as it is exciting, challenging, and fascinating in equal measures!
Join Somek and Associates’ expanding team of expert witnesses
Somek are the largest provider of health practitioner expert witnesses in the UK – with over 200 experts – renowned and respected in the field. 
Occupational therapists and case managers play a key role acting as expert witnesses in clinical negligence and personal litigation.
Somek and Associates require experienced occupational therapists and case managers specialising in all clinical areas, especially those working in the fields of neurology, stroke, brain injury, spinal injury and cauda equina syndrome, who are confident, have excellent communication skills (verbal and written), enjoy a challenge, are intrigued by the forensic nature of this work, and above all are keen to learn new skills.
We offer:
- Casework to fit in with other work; you work on a self-employed, flexible basis, alongside your “day job”
- Excellent remuneration
- Opportunity to subscribe to our annual training and resource package
- You will be working at a senior level with a minimum of eight years’ post qualification experience as an occupational therapist and/or case manager
- Previous medico-legal experience not essential
“Thank you so much for everything you have done for me Somek. I’ve always felt so privileged to work for such a reputable and professional company! My training has always been excellent and the support second to none. I have learnt so much.”
Somek and Associates Expert Witness
If you are looking for a new challenge and would like to know more, please get in touch as we’d love to hear from you.
Tel: 01494 792711
Emil: applications@somek.com
Visit: www.somek.com
