This information comes into effect as of June 4, 2009

The Role of the Expert

Introduction

The College of Physiotherapists of Ontario in fulfilling its mandate to investigate complaints and/or allegations of professional misconduct or incompetence concerning a physiotherapist, may require an independent or expert opinion.  This is also sometimes called a “peer” opinion.

The opinion may be sought during the course of an investigation to help the Inquiries, Complaints and Reports Committee (ICRC) determine whether or not a breach of the Standards has occurred.  In other cases, an opinion may be sought to assist the ICRC in determining whether or not to refer the matter to the Discipline Committee for a hearing.  In both cases, a written report outlining the expert’s opinion is required.  An expert may be required to provide testimony if the matter is referred to the Discipline Committee for a hearing.

Role of the Expert Witness

Individuals acting as expert witnesses have a different role than do fact witnesses.  Fact witnesses describe their encounter with an individual, such as what they observed, what was said etc.  They are not allowed to speculate or offer their opinion regarding the incident.

Expert witnesses on the other hand have not previously been involved with the physiotherapist or the case.  They are provided with information regarding the case and asked to give their opinion about whether or not the physiotherapist’s conduct or actions met the Standards of practice of the profession.  Where cases are referred to the Discipline Committee, the Committee is not permitted to rely on its own expertise, but rather can only rely on evidence that is placed before it.  Hence, the College may ask that the expert present his/her opinion, as a statement of the profession’s standards relating to the matter.

Experts are asked to assume that the facts placed before them are true.  They are not required to determine the accuracy of the facts presented to them.  

Role of College Staff

When an independent or expert opinion is required, staff will determine the type of expertise needed and identify possible candidates.  In identifying potential experts, staff will consider the following:

• the necessary education and training as it relates to the case,
• the expert’s primary area of practice, if relevant,
• any obvious conflict of interest or bias that would eliminate the expert

Once an ideal candidate is found, staff will contact the expert and determine:

• their interest in providing this service to the College,
• their specific qualifications relating to the case,
• their availability to provide the service in a timely manner, and
• the remuneration sought.

Once the expert has been confirmed, staff will draft a letter that:

• lists the information from the investigation that is enclosed,
• the specific questions that require answering, and
• the time frame for completion of the report.

The letter will be accompanied by:

• any relevant information obtained during the course of the investigation such as: charts, billing records, the investigator’s notes of interviews with the physiotherapist / registrant and/or witnesses,
• a confidentiality agreement, and
• any other information that staff consider necessary to provide an informed opinion.

The Expert's Report

Upon receipt of the package, the expert is encouraged to review the material.  Should they have any questions about the documents forwarded, or any details of the investigation, they should contact the Director, Professional Conduct.  Experts are reminded that they are to assume that the facts as presented are correct.  They are, however, able to comment on any inconsistencies that they notice in the information.

The Expert’s report should:

• list the specific materials that they have reviewed prior to drafting the opinion, e.g. list all documents forwarded by the College,
• state any facts which they have been asked to assume are true,
• answer the questions posed in the College’s letter,
• provide any other comments they believe are relevant to the case,  
• indicate any reference sources used to prepare the report, and
• be signed by the expert.

The following should also accompany the report:

• the confidentiality agreement,
• an expense claim form, and
• the expert’s curriculum vitae

Receipt of the report will be acknowledged by the College staff.  In some cases, this may complete the expert’s involvement in the matter.  Should testimony be required at a hearing, College staff will contact the expert to discuss possible hearing dates and the procedures relating to testifying.

Additional information regarding expert opinions can be obtained by contacting the Director, Professional Conduct at 416-591-3828 or 800-583-5885 Ext. 233 or via email at investigations@collegept.org.