Getting support with medicolegal issues

You may need further advice and support to help you with medicolegal issues. Find out who should be supporting you and where to get more help.

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PLI

If you are unsure whether any actual or potential event might lead to a claim against you personally please read our PLI Claims Guide and if necessary make a PLI notification.

HCPC

If you are a registered physiotherapist: If you receive notification from the HCPC that a fitness to practise complaint has been made against you please contact your CSP Steward or the CSP directly on 0207 306 6666.

Police

Get support for workplace criminal investigation and prosecution support.

For professional witnesses:

If you work in the NHS

  • Your physiotherapy manager is your first point of support.
  • Contact the person who has asked you to be involved and ask them what support they can provide.
  • All NHS organisations have clinical governance or legal departments. Contact these departments for help.

If you work elsewhere

  • Your service /practice manger is your first point of support
  • Contact the person who has asked you to be involved and ask them what support they can provide.
  • Contact the HR or legal departments of your organisation.

If you run your own business

  • You may be responsible yourself for providing support to people who work for you.
  • You may need to seek your own external business HR or legal advice if you need specialist advice
  • The CSP is unable to assist with HR or legal support for businesses

If you are self-employed

  • Contact the physiotherapy manager/practice manager where you work.
  • You may need to seek your own external business HR or legal advice if you need specialist advice

If you work via MedCo

  • Contact MedCo or your medical reporting organisation

If you receive a patient complaint

  • You should follow your local complaints handling process.
  • The CSP is unable to assist with managing complaints for you
  • ERUS can provide workplace support if you are an employee and the complaint leads to a disciplinary investigation and/or a HCPC referral. Contact your CSP Steward or the CSP directly on 0207 306 6666

If you receive a Court summons

  • If you are expecting the summons as part of your involvement in a legal case, contact the solicitor on the case first.
  • If you are still unclear, contact the Court clerk using the details on the witness summons.
  • You must comply with any summons – do not ignore it.

If you are contacted by an insurance company

  • Check any terms of business you may have with the company to treat patients insured by them. This should set out how you may be involved and what you should do.
  • Check the credentials of those approaching you and that they have the correct authority and permissions, if required, to obtain information from you.
  • Ask for a named point of contact within the insurance company to act as your support.

If you are contacted by a case management company

  • Check any terms of business you may have with the company. This should set out how you may be involved and what you should do.
  • Check the credentials of those approaching you and that they have the correct authority and permissions, if required, to obtain information from you.
  • Ask for a named point of contact within the case management company to act as your support.
If you are contacted by the Health Care Professions Tribunal Service 
If you are contacted by the Nursing and Midwifery Council
If you are contacted by the General Medical Council
If you are contacted to take part in a EHCP/SEND Tribunal
  • In this type of hearing, you will be referred to as an ‘expert witness’ because you have relevant professional expertise and you have a direct knowledge of the child. This is different to the meaning of ‘expert witness’ in other types of hearing where the expert must have no knowledge of the claimant.
  • You may be the regular provider of care to the child or you may have been commissioned to provide an alternative opinion if the content of the Education Health and Care Plan (EHCP) is being challenged.
  • If you are employed, contact your line manager and then your organisation’s legal adviser for support if necessary.
  • Read the information here SEND Tribunals to understand what information you must include in your report.
  • Contact the First Tier Tribunal Service (SEND) for general information.
  • Contact  Independent Provider of Special Education Advice (IPSEA) for general information on all aspects of EHCP provision here.
  • The APCP offer a range of information for their members.

If you are contacted to participate in an Employment Tribunal

  • If you are the claimant and you are being supported by the CSP, please contact the Thompsons solicitor supporting your case.
  • If you are the claimant and are not supported by the CSP, please contact your own solicitor if you have one, or the Employment Tribunal Offices directly.
  • If you are a witness, please contact the Employment Tribunal Office that has requested your attendance.

For expert witnesses

If you are an Expert Witness

  • Your work must be wholly your own work.
  • You should contact your instructing solicitor if you have any questions about your report or any case you are working on.

If you want to become an Expert Witness

If you are looking to find an Expert Witness

Still not sure?

Contact the CSP on enquiries@csp.org.uk

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