Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 33
training and performance. I give feedback to the
team on changes, considerations, and adjustments
for each dancer. To make these decisions, I assess the
site and stage of injury, healing time, and analyse the
requirements to restore the structure and function
to the highest and safest standard.
codes of conduct and professional standards are
in place for health professionals to adhere to. In
circumstances where this is called into question
in this 昀椀eld, an experienced practitioner with a
detailed understanding of the work is essential. As
an expert witness, I use my knowledge to take the
complex and guide with reason and clarity.
In response to the needs of the dancers as athletes,
I decided to develop a screening system to identify
risk factors for each dancer, with a strong focus
on injury prevention. This led to me being asked
to create and teach a course module on injury
prevention and management. This now sits as an
integrated component of a dance degree course. I
realised my knowledge could be of value in di昀昀erent
and developing forms. As a physiotherapist, I must
recommend restrictions to safeguard at every stage
of injury.
The expert’s role in breach of duty reports is to
provide an independent, objective, and evidencebased opinion to the court on whether a professional’s
actions fell below a reasonable standard of care. As
an expert witness, I have written impartial reports
on both claimant and defendant cases and given
evidence under cross examination for a criminal
case in Crown Court.
Physiotherapy in Dance is a specialised niche
role, but a growing specialty within the sport and
musculoskeletal 昀椀eld. There is a high expectation
for injury prevention, e昀昀ective rehabilitation, and
return to high performance.
The Devastating Impact of Injury, and the
Importance of Reporting
My ethos is always to rehabilitate a patient to better
condition than pre injury, which has maintained my
reputation and enabled me to work with the world’s
elite. But what if a dancer has sustained an injury, and
long-term e昀昀ects of injury? In these circumstances
I may be asked by case managers and solicitors to
what extent the individual is likely to be physically
a昀昀ected and to provide detailed reasoning as to the
extent of the physical limitations, likely recovery
times and intensity of rehabilitation needed. I review
evidence and consider accountability. Thorough
To navigate patient care, there are comprehensive
standards of practice, rehabilitation protocols, and
a duty of care that must be adhered to by health care
professionals in this 昀椀eld. Where the clinician’s and
professionals’ actions fall below the set standards
expected, the implications can be serious. When
a professional’s actions do not meet the required
standards, there is a high risk of misdiagnosis,
delayed diagnosis, inappropriate return to play, and
negligent practice leading to harm.
Specialist Physiotherapy Expert
Witness Services in Sports and
Dance Injury Claims
by Jessica Thurston, Care/Occupational Therapist at Somek & Associates Ltd.
Sports injuries require specialist knowledge. At
Somek & Associates we provide expert witness
services from physiotherapists with speci昀椀c
experience in sports/dance injury management,
ensuring clarity and credibility in complex cases.
Our physiotherapists practice clinically in the NHS
and/or in independent practice. Our sports/dance
injury physiotherapists can provide reports for
breach of duty and/or quantum purposes, and for
professional regulation purposes.
EXPERT WITNESS JOURNAL
Physiotherapy Evidence in
Quantum Valuation
Physiotherapists provide objective assessment
and analysis of injury, that includes detailed
measurement and consideration of the following:
31
•
Strength, power, endurance, and
neuromuscular control
•
Movement quality, biomechanics, and
compensatory patterns
•
Alignment
JUNE 2026
