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Indemnity

Do I need indemnity for my medicolegal work?

Yes. You must be registered with the HCPC to undertake medicolegal work as a physiotherapist. Since July 2014 the HCPC has required mandatory indemnity to practise as a condition of your continued HCPC registration.

Does my CSP PLI cover me for medicolegal work?

Yes. You must be HCPC registered and in a ‘full-practising’ CSP membership category. The CSP PLI scheme covers all activities within the scope of physiotherapy practice and this explicitly includes expert witness work. You must abide by the full terms and conditions of the scheme.

I thought an expert witness couldn’t be sued for their reports and/or testimony?

No. Immunity from claim/suit was removed in 2011 following the case of Jones v Kaney, and experts can now be sued for wrongful and/or negligent expert witness work.

Does the CSP PLI scheme define what it means by ‘expert witness’ physiotherapist?

Yes. “Expert Witness shall mean any person who is a specialist in a subject presenting. His/her expert opinion, without having been a witness to any occurrence relating to the law suit or criminal case. The expert’s work is qualified by evidence of his/her expertise, training and special knowledge of the relevant subject.” [Reference: CSP PLI […]

What kinds of medicolegal work does my CSP insurance cover?

It will cover any activity related to medicolegal physiotherapy work. This can include review of records/documents, examining patients, writing reports, participating in case conferences and attending Court.

Does it matter if I am undertaking work for the criminal justice system?

No. The CSP PLI scheme covers you for your physiotherapy medicolegal work in the civil, criminal and family justice systems.

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