Role Of Occupational Therapy In Medico-Legal Practice In The Industrialized countries

Occupational therapy skills are valuable in assessing damages arising from a breach of ‘Duty of Care’ as a result of accidents or negligence, resulting in injury (physical or psychiatric) to the claimant.

In these cases, there is a need for fair and reasonable compensation so that the claimant can live a quality of life that is, where possible, similar to their pre-injury standard.

At the outset of litigation, there is a disagreement between parties where the claimant wants as much money as they can via compensation and on the other hand, the insurance companies want to pay as little as possible.

A detailed Occupational therapy assessment (to include, activities of daily living, requirements for therapy, care, equipment, transport, housing, holiday etc., based on medical and other evidence – video surveillance etc) with recommendations and costings, provides a basis to value compensation by the lawyers, barristers, judge, and insurance companies which is often substantial (thousands to millions of pounds) in settlement.

If the settlement is not reached, litigation proceeds to a Court hearing where the occupational therapist is required to give evidence in the Court and face cross examination by the opposing barrister in substantiation of their opinions and recommendations.

The role of an occupational therapist in medico-legal practice has developed swiftly because of the trend in UK toward ‘the compensation culture’, influenced by the American model. In the UK, insurance cover (for a range of risks) is mandatory for employers and businesses in many fields of work.

This includes individuals, professionals, vehicle drivers etc where there can be a ‘breach of duty of care’. Where an individual sustains a loss (through an injury) and such loss is proven then an insurance company pays the compensation to the injured party. This trend is on the increase, partly as a result of the use of advertising.

This work is highly demanding and you need specialist knowledge in your area of expertise as well as knowledge of the judicial process and requires sustained commitment of your time (since cases can take 3 to 5 years on average to settle and others, especially where children are involved, can take substantially longer). An established expert has the potential to compete with the earning of those in the medical and legal professions (such as consultants, solicitors and barristers).

Other Countries

In addition, to UK there are a number of other countries where occupational therapist work as expert witness.

In India, there is motor insurance which pays compensation and these assessments are made by lawyers and medical practitioners and the claimant’s losses are approximated by these professionals. However, occupational therapist can provide an in-depth assessment to ensure that claimant seeking damages are provided with fair compensation based on their needs as a result of the injury suffered. An occupational therapist can exercise their professional skills in a detailed assessment of a claimant’s needs.

Expert Witness in India

There is an opportunity for the OT profession in India to raise the profile and to make inroad into this specialist field.

The role of the OT profession should debate with

– The insurance industry,

– The medical profession and

– The legal profession

to show them the benefit of a detailed assessment by the professionals who deal with the consequences of the injuries suffered by the people.

I suggest a working party is set up to progress this work further in India

To learn more Click Here