A scoping review: Investigating the extent and legal process of cauda equina syndrome claims for UK physiotherapists

Leech, Rachel L.; Selfe, James; Ball, Suzanne; Greenhalgh, Susan; Hogan, Gareth; Holway, Janene; Willis, Emma; Yeowell, Gillian

doi:10.1016/j.msksp.2021.102458

Cited by 4 publications

(26 citation statements)

References 19 publications

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“…With regards to extent of CES litigation, data from the previously conducted scoping review indicate there have been 15 CES claims against physiotherapists between 2001/2002 and 2016/2017, which is 0.7% of all CES claims recorded in the UK. 10 …”

Section: Resultsmentioning

confidence: 99%

“…From the previously conducted scoping review (method I), 11 records related to the CES legal process, 5 of these were specifically associated with physiotherapy and were from the CSP website ( https://www.csp.org.uk/ ). 10 These related to insurance for physiotherapists and whom physiotherapists should contact if they become involved in a claim. One record gave advice on how to write a legal statement.…”

Section: Resultsmentioning

confidence: 99%

“…The previously conducted scoping review (method I) identified records dated between 2009 and 2020, which included a total of 2050 CES claims. 10 Results from the scoping review found that CES extent claim data were mostly NHS based. Data for NHS based studies were obtained via FOI requests to NHS Resolution (or its predecessor the NHS Litigation Authority).…”

Section: Discussionmentioning

confidence: 99%

“…To address the research aim, a multimethods inquiry was considered the optimal approach as the process of managing and recording litigation claims in the UK is dependent on the physiotherapist’s employment status, that is, NHS employed, non-NHS employed or self-employed (see figure 1 ). As such, different methods were required to obtain data to supplement the data obtained in a previously undertaken scoping review, 10 including freedom of information (FOI) requests and direct communication with relevant stakeholders and organisations.…”

Section: Methodsmentioning

confidence: 99%

“…Additionally, it remains unclear what guidance and processes are in place to support physiotherapists involved in litigation for CES. 10 …”

Section: Introductionmentioning

confidence: 99%

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Medico-legal litigation of UK physiotherapists in relation to cauda equina syndrome: a multimethods study

et al. 2022

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ObjectiveThe aim was to investigate the extent of cauda equina syndrome (CES) litigation and explore the process of medico-legal litigation in relation to physiotherapy in the UK.DesignA multimethods inquiry that followed on from a previously conducted scoping literature review was undertaken to address the aim. This included freedom of information requests and direct communication with relevant stakeholders and organisations.ResultsA total of 2496 CES claims were found in the UK between 2012 and 2020. 51 of these were attributed to physiotherapists. There was little information available to physiotherapists regarding the legal process of litigation and much of this information was not from a physiotherapist’s perspective.ConclusionThis is the first study that has investigated the extent and process of CES litigation in physiotherapy in the UK. The extent of CES litigation appears to be high considering CES is a rare spinal condition. Furthermore, the extent of CES litigation is suspected to be considerably higher than the data reported in this study due to the issues identified in how CES claims are recorded. Finally, there is no clearly articulated, easily accessible information describing the process and support available for physiotherapists in receipt of a legal claim.

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

“…Additionally, it remains unclear what guidance and processes are in place to support physiotherapists involved in litigation for CES. 10 …”

Section: Introductionmentioning

confidence: 99%