Occupational Therapy Assessments for Medical Negligence Claims

Medical negligence assessments focus on one central question: what a person’s function was before the subject incident, what it is now, and what, if anything, has changed as a result of the alleged negligence rather than the underlying condition or natural history. This requires precise, evidence-based analysis. Interface has experience across the full range of medical negligence matters, including surgical error, anaesthetic negligence, misdiagnosis, delayed diagnosis, and birth injury. Our role is to provide structured clinical opinions that withstand expert scrutiny.

The Role of an OT in Medical Negligence Claims

Occupational therapists do not determine whether negligence occurred. That is a matter for medical experts and the court. Our role is to assess functional impact: how the consequences of the alleged negligence affect a person’s ability to manage daily life, participate in work, and meet their care needs. An OT assessment in medical negligence matters typically addresses:

• Functional capacity before and after the subject incident
• Care and support needs arising from the subject incident, separate from pre-existing or unrelated needs
• Equipment and home modification requirements
• Vocational impact, including loss of capacity for prior employment or retraining needs
• Future rehabilitation requirements
• Lifetime care needs where permanent impairment is established, with clear separation between injury-related support and needs associated with ageing or other health conditions

Establishing Baseline Function

Establishing pre-incident function is central to medical negligence assessment and requires detailed analysis of the available record. Interface applies a layered and convergent approach to clinical reasoning. We review medical records, allied health documentation, historical accounts of daily functioning, and findings from clinical assessment. Each source is considered in terms of reliability, objectivity, and relevance to functional capacity. This process allows us to:

• Identify pre-existing conditions
• Understand prior functional limitations
• Map the trajectory of the person's health before the subject incident

We then compare this baseline with the post-incident presentation to determine whether a functional change has occurred. Where pre-incident records are limited, this is clearly identified. We explain how gaps in the evidence affect the level of certainty in our opinion. Transparency regarding evidentiary limits is essential to the integrity of the assessment.

Claim Types and Clinical Presentations

Surgical Negligence

Includes wrong-site surgery, surgical error, anaesthetic negligence, post-surgical complications, and unexpected or unsuccessful outcomes. Functional impact is assessed in the context of expected recovery trajectories and typical outcomes for the procedure.

Diagnosis-related Negligence

Includes delayed diagnosis, misdiagnosis, and failure to refer. Functional impact is assessed by comparing the current presentation with outcomes typically expected if the condition had been appropriately recognised and managed.

Birth Injury and Obstetric Negligence

Includes cerebral palsy arising from birth hypoxia, Erb's palsy, and other birth-related injuries. These matters often involve complex, lifelong care needs. Assessments consider how function and support requirements evolve across developmental stages.

Hospital and Treatment Negligence

Includes medication errors, in-hospital falls, infections, and pressure injuries across hospital and rehabilitation settings. Functional impact is assessed in the context of pre-admission health and expected recovery.

Aged Care Negligence

Includes neglect, falls, malnutrition, and substandard care in residential settings. Assessments compare pre-incident and post-incident care needs, considering recovery potential and whether additional support arises directly from the incident.

How to Make a Referral

Contact our administration team on 1300 852 072 or [email protected] to discuss your matter. Once an assessment has been booked, you will be asked to provide:

• A letter of instruction outlining the details of the subject incident, clinical sequence, and the specific questions to be addressed
• All available medical, allied health, and rehabilitation records, including pre-subject incident records
• Any expert reports already obtained
• Any urgency requirements

The completeness of the pre-incident record directly affects the strength of the clinical opinion on baseline function.

Frequently Asked Questions

Can Interface assess both immediate and long-term consequences of medical negligence?

Yes. We assess current functional impact and, where appropriate, project future care needs and costs, including lifetime care requirements for permanent impairment. In matters such as birth injury, this includes staged needs across relevant life phases.

How does Interface handle complex causation in medical negligence matters?

Where causation is contested, we distinguish between impairment attributable to the alleged negligent event, pre-existing conditions, and natural history. We state our reasoning clearly and indicate the level of certainty supporting our opinion.

Does Interface provide supplementary reports during proceedings?

Yes. We provide supplementary reports where new evidence arises, where responses to other expert opinions are required, or where matters proceed to conclave or court.

Author

Dawn Piebenga