With the evolution of generative artificial intelligence (AI), poised to potentially bring remarkable advancements and benefits to legal services, the future of law in Australia is transforming.
By using Large Language Models (LLM), predictive analysis and probability derived calculations, AI has the potential to be used by legal professionals in many areas, including, but not limited to, estimating legal outcomes, analysing large volumes of documents and summarising pertinent information, automating legal documents, and performing legal research.
There are, however, significant limitations to AI tools and areas where human expertise cannot be replaced within legal matters. This includes the nuanced and deeply human aspect of occupational therapy (OT) and an OT’s role in assessing and providing expert opinion in the medico-legal field.
Medico-legal occupational therapy involves evaluating an individual’s functional capacity and limitations, often in the context of legal matters such as personal injury law. These assessments require expert Occupational Therapists to review extensive documents, conduct detailed observations of functional performance within a claimant’s home environment, and provide expert judgement and recommendations, with sound and justifiable clinical reasoning.
AI has limitations in fields like occupational therapy, where empathy, intuition, clinical observation, and interpersonal skills are required. Medico-legal Occupational Therapists are unique in their ability to adapt their assessments in real-time, based on observations and subtle cues during interactions with the claimant.
OTs consider social, psychological, and cultural factors that impact an individual’s function and abilities post-injury, and provide objective, fair and accurate opinion based on an understanding of legal standards and professional ethics. They understand the whole person and provide a holistic view of the impact an injury has on all facets of a claimant’s life, which AI simply cannot do.
On 13 May 2024, Queensland Courts released guidelines for responsible use of generative artificial intelligence for non-lawyers. The guidelines state that “Generative AI is not a substitute for a qualified lawyer and cannot give you tailored legal advice”, and also identifies that AI chatbots cannot “understand the unique fact situation in your case” and “understand your cultural and emotional needs”. This reaffirms the unique role of a medico-legal Occupational Therapist in their ability to assess and report on an individual’s functional capacity, rehabilitation needs, and the impact of injuries on their daily life, whilst considering the person’s physical, psychological, and social circumstances.
Despite AI revolutionising many industries, including in areas of the law and healthcare, AI will never be able to replace the human connection and role of an Occupational Therapist within a medico-legal context.
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