Musculoskeletal Physiotherapist Expert Witnesses – Guidance for Solicitors

Musculoskeletal (MSK) physiotherapists are highly trained clinicians who specialise in the assessment, treatment, and rehabilitation of injuries and conditions affecting muscles, bones, joints, and soft tissues. As expert witnesses, they provide impartial, evidence-based opinions to the court on functional impact, rehabilitation needs, prognosis, and the cost of ongoing care. Their input can be pivotal where physical ability, therapy requirements, or long-term outcomes are in dispute.

Importantly, “Physiotherapist” is a protected title regulated by the Health and Care Professions Council (HCPC). Expert physiotherapists are usually members of the Chartered Society of Physiotherapy (CSP) and often the Medico-Legal Association of Chartered Physiotherapists (MLACP), which promotes high standards in medicolegal practice. Unlike professional witnesses, who simply give factual evidence of treatment provided, expert witnesses must be independent, objective, and experienced in reporting under the relevant court rules.

Civil Courts

In personal injury and clinical negligence proceedings, MSK physiotherapists are frequently instructed to assess causation, condition, and prognosis. They can determine whether ongoing symptoms are attributable to the index accident or pre-existing disease, and whether treatment received has been appropriate. A key element of their role is to set out rehabilitation requirements, including therapy frequency, expected duration, and likely outcomes.

They may also provide Functional Capacity Evaluations (FCEs), giving objective evidence on mobility, lifting, and endurance. This information supports quantum assessments by outlining the cost of future therapy, equipment, and adaptations. Reports must comply with Civil Procedure Rules Part 35 and Practice Direction 35, including clear statements of truth, a list of material relied on, and participation in joint statements where ordered. Courts may also direct the use of a Single Joint Expert where proportionate.

Family Courts

In family proceedings, MSK physiotherapists may provide expert evidence where a child has injuries, congenital MSK conditions, or rehabilitation needs that affect daily living or schooling. They may also assess whether a parent’s physical limitations impact their ability to provide safe care. In financial remedy cases, their input may be required where musculoskeletal impairment is argued to limit earning capacity or create specific needs.

All instructions must comply with Family Procedure Rules Part 25 and the associated Practice Directions. Courts often favour a Single Joint Expert to minimise cost and delay, and there is a growing emphasis on instructing regulated professionals. Reports must be balanced, child-focused, and timely.

Criminal Courts

In criminal proceedings, MSK physiotherapists may be instructed to consider whether a defendant had the functional ability to perform alleged acts, or whether their symptoms are consistent with claimed incapacity. They may also interpret therapy records and rehabilitation progress where credibility is disputed.

Reports must comply with Criminal Procedure Rules Part 19, which place a duty on experts to be objective, unbiased, and clear in the limits of their expertise.

When to choose a MSK Physiotherapist over other experts

• Functional assessment and rehab planning are central to the dispute.
• You need granular therapy costing and realistic timelines to maximal recovery/plateau.
• The mechanism–injury–function chain is disputed, but the questions are within physiotherapy competence (orthopaedic surgery or radiology may be required for surgical/radiographic opinion).