A Walk-Through From Referral to Testimony: Methodology & Admissibility

The focus of this paper is to address the issue of rehabilitation professionals having their credibility and the admissibility of their opinions challenged when called to testify in litigation matters, and how rehabilitation professionals should adhere to proper methodology that reflects their day-to-day clinical work. The objectives of this paper are to identify what qualifies rehabilitation professionals to provide opinions to the court, to discuss subjects of credibility often raised in a deposition and at trial, and how to address these subjects from various perspectives. Beginning at the point of referral and moving through the full spectrum of an assessment (i.e. clinical interview, testing, research, consultations, and report writing), the authors discuss effectively defending the relevance and admissibility of their opinions in a deposition and at trial. This paper covers the following topics: clinical practice, methodology, court rules, and the line between professional style, professional preference, and admissible practices.