Occupational Therapists have long been called upon for their expert opinions on an individual’s ability to live independently and their functional capacity to engage in activities of daily living. As such, an Occupational Therapist can play a valuable role in assisting the medical and legal professions in translating a diagnostic condition into its functional impact, and also recommend services, equipment or alternative methods which help to reduce the loss of the above-mentioned capacity.
This understanding of the interplay between health, function and the medico-legal requirements is crucial for ensuring holistic care and fair legal outcomes.
The World Health Organisation (WHO) defines health as a state of complete physical, mental and social wellbeing, and not merely the absence of disease or infirmity. Health is recognised as a resource for everyday life and involves the ability to realise aspirations, satisfy needs and cope with the environment. It is clearly a multi-faceted concept that is interlinked and inter-dependent. Occupational Therapists focus on maintaining an individual’s health by addressing various aspects of their condition affecting function.
Function pertains to an individual’s ability to perform Activities of Daily Living (ADLs) and participate in meaningful life roles. The International Classification of Functioning Disability and Health (ICF) conceptualises a person’s level of functioning by looking at the dynamic interaction between an individual’s diagnoses, their health conditions, environmental factors and personal factors. In the ICF, functioning and disability are related to the body functions and structures of people in the areas of physical, cognitive and psychological function (or impairments thereof), the activities of people (or activity limitation), the participation or involvement of people in all areas of life (or the participation restriction), and the environmental factors which affect these.
Legal professionals rely on detailed assessment to assist in the formulation of a fair and objective case. In a comprehensive assessment with an Occupational Therapist, consideration is given to the participation of an individual in ADLs through subjective reporting, review of medical information, assessment and observation in the context of their home, living and social environment. When health and function is considered together in a medico-legal assessment and report, Occupational Therapists can provide holistic, critical insights into how an injury or illness affects an individual’s ability to function, which can influence legal decisions regarding compensation and care provisions.
Occupational Therapists, with their in-depth understanding of functional implications, bridge the gap between medical diagnoses and legal requirements. The critical interplay between health, function and the medico-legal requirements cannot be overstated.
