Speech and Language Therapy Reports in Litigation: What Instructing Solicitors Can Expect

Early speech and language therapy input can have a profound effect on both the injured part’s rehabilitation and the value of the legal claim overall. The courts need more than just an outline of the injuries or conditions in litigation – they need to know how and individual is affected, and this means that reports from professionals who can quantify that effect are vital to the outcome.

Communication and swallowing issues are not always immediately obvious and as such, in the early stages of a case, it can be unclear as to whether a speech and language therapist will be required. Courts are now more readily asking “what difference does the injury or condition actually make?”; how will someone continue post-injury to communicate and eat, and how does this affect their work, education and relationships? Speech and language therapists, therefore, are instructed to help quantify the effect, and not to just identify the impairment.

Courts now also demand a clear and complete picture of need, leading to an increased trend in multidisciplinary instructions in a case. This is particularly true of ongoing cases where long-term outcomes are uncertain, or in highly complex cases such as those involving children.

What types of cases benefit from speech and language therapy reports?

There are many types of cases that can benefit from the instruction of a speech and language therapy report. Traditionally, speech and language therapy in litigation was often only instructed in cases involving stroke or severe brain injuries, but there is now better recognition of the subtle and often nuanced difficulties faced by other conditions and injuries.

In cases involving complex injury including polytrauma, or with conditions or injuries that lead to fatigue or cognitive overload, speech and language therapy reports can help to determine processing or communication issues.

In paediatric claims, these reports outline the evolving communication of the child, and therefore the long-term implications of their injury or condition. They also help to determine potential challenges, and tools to overcome these, in education.

They are still extremely relevant in cases involving brain injuries. However, the broad and varied spectrum of brain injury is now better understood than ever before, as to is the positive impact of speech and language therapy reporting on the subtleties of communication changes amongst injured individuals, even where long-term physical prognoses are positive.

What do speech and language therapy reports include?

Speech and language therapy reports include a full review of medical records, as well as education or employment information such as Educational, Health and Care Plans (known as EHCP’s).

The expert witness then conducts a face-to-face assessment on the individual, evaluating both their diagnosis and the effect that it is having on their daily life. This assessment focuses on functional communication, real-world impact, strengths and difficulties, and safety concerns such as with swallowing.

The expert witness then prepares a report detailing these findings, as well as their opinion on specific therapy recommendations targeted to the individual’s actual needs. The report will also include costs for ongoing therapies or equipment, as well as recommendations on regularity and longevity; costs which are supported by the expert witness’ findings on daily living, work, education or meaningful activity, independence, and social functioning.

The depth and detail included in a speech and language therapy report can assist in important and long-term decision-making in litigation, leading to precise rehabilitation for the individual and a clearer outcome for the claim.

What makes for a great speech and language therapy report letter of instruction?

When engaging a speech and language therapy expert witness, sending clear and concise instructions at the very start of the process can positively affect the relevance, efficiency and strength of the expert evidence produced.

Instructions are most useful for the expert witness if they include: the case background and allegations (including the state of litigation, deadlines if known and litigation context); specific questions of the expert plus any known specific areas of dispute; and relevant records, organised as clearly as possible.

Why choose a Bush & Co speech and language therapy associate expert witness

Our network of speech and language therapy associate expert witnesses have, on average, 22 years of clinical experience across multiple NHS settings as well as in the private sector. The panel consists of both paediatric and adult speech and language therapists, some of whom have clinical experience with both.

All of our associate expert witnesses are administratively supported by our dedicated and knowledgeable team from the first point of enquiry through to the settlement of the case, supporting consistency and timeliness whilst ensuring that the process is straight-forward.

Our associate expert witnesses understand the legal frameworks that they are operating within, and therefore provide independent, unbiased opinion in accordance with their duty to the courts. As such, all of our quantum reports are CPR-compliant, containing clear reasonings with proportionate, evidence-based recommendations. Associate expert witnesses have access to ongoing training whilst part of our network, including training regarding Part 35 requirements.

If you’d like to know more about our speech and language therapy network, you can do so on our dedicated webpage Speech & Language Reports by Speech and Language Therapists or by emailing us at hello@bushco.co.uk. If you have a case that requires a speech and language therapist, you can submit an enquiry to us by filling in our simple form Get in Touch with Bush & Co for Enquiries and Referrals or by emailing us at enquiries@bushco.co.uk.