Shaping The Future Of Somek & Associates

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After 30 years as an occupational therapist and 23 years with Somek & Associates as an Expert Witness, including 14 years as their Head of Medico-legal Operations, in September 2024, Jessica Thurston took up the position of Managing Director. We spoke to her about her career to date and her ambitions for Somek & Associates.

What took you into Occupational Therapy?

I always knew from a very early age that I wanted to be an occupational therapist (OT). My mother had a stroke as a result of dental clinical negligence when she was 12 years of age, and I had therefore been brought up by someone who was fiercely independent despite her very

significant disability. In fact, I did not really notice she had a significant disability because she used to achieve the same as everyone else, but just went about it in a different way! However, through these early life experiences I acquired problem solving skills and a compassion for the dignity of others, which in turn gave me a natural ability to teach others with a life changing illness/disability to also lead independent and fulfilling lives. These values of independence, dignity, equality and freedom are at the core of occupational therapy, and it quickly became evident that I was destined to be an occupational therapist.

As an Occupational Therapist by trade, what inspired you to move into the medico-legal field?

You would think that as the daughter of a mother so significantly disabled as a consequence of clinical negligence, that I would have been very knowledgeable about the medico-legal field. However, Clinical negligence litigation did not really exist 70 years ago when mum needed it, as it does now, and therefore she (or rather her parents) did not make a claim. There was therefore no money available for housing adaptations, equipment, driving adaptations and other more typical ‘Heads of Claim’ that we see today.

I came across the medico-legal field quite by accident when I met Alison Somek at a training event and she spoke to me about the expert witness role. By this stage, I had been qualified for almost eight years, where I had worked predominantly in trauma and orthopaedics and amputee rehabilitation. I was working at a Band 8A level as a Head OT, had completed an MSc in OT, and had worked for three years in the occupational therapy department of a Japanese hospital. I was therefore ready to embark upon my next occupational therapy challenge and joining Somek as an associate expert witness, running alongside my clinical OT role, seemed the perfect fit. I have never regretted taking my occupational therapy skills into the medico-legal field. The aim of reasonable restitution in the award of quantum damages, is to:

“assess objectively what is that sum of money which will put the party who has been injured in the same position, as he would have been in, if he had not sustained the wrong for which he is now getting his compensation” (Lord Blackburn, Livingstone v Rawyards Coal Co, 1880).

I have always believed that an occupational therapist is the expert witness best placed, out of all of the other experts, to comment on the impact of disability upon a claimant’s function and life and, in so far as money is able, make robust recommendations that will enable the ‘return of the claimant to their pre-injury condition and lifestyle’. As occupational therapists we assess an individual’s independence holistically, taking into consideration the impact of their physical and psychological functioning upon their safety and independence, with reference to the individual’s values and life priorities, and all with reference to the physical and socio-cultural environment in which they live.

It is not uncommon for OT’s in the NHS to feel that their skill set is not fully utilised and that they have been forced into a ‘discharge planning role’. They also feel that in their pursuit for different and challenging roles, the positions available are primarily orientated to managerial ones with little or no clinical activity. By contrast the expert witness role fulfils an OT’s need for an additional challenge and really showcases their full skill set in the identification of the impact of a claimant’s disability upon their independence level, with particular reference to their needs in respect of accommodation, driving adaptations, gardening, and facilitating a return to previously valued leisure activities and hobbies e.g. walking their dog or clay pigeon shooting. I do not regret moving into the expert witness role at all and just wish we had more OT’s doing it!

What aspects of the MD appointment are you looking forward to the most?

I have been with S&A for the majority of my career – so I am Somek to the core. Having been here for so long, I really have seen the company grow from just a few staff and experts to where we are today, and naturally I too have contributed to this growth. I have worked alongside Alison Somek throughout my time, and we do share the same passion for ensuring the quality of the reports and services we provide, and for ensuring the integrity of the expert witness role. We have the most fantastic staff and the most professional, dedicated and experienced experts who demonstrate a real loyalty to Somek & Associates. Our staff and our associates are our greatest asset and I am looking forward to us all working together on some projects I have up my sleeve, to take Somek & Associates forward and to see how far we can go, particularly now we are part of the fantastic Frenkel Topping Group and have their support behind us. I am also particularly interested to see where technology and Artificial Intelligence will take us, both clinically and in the expert witness field.

What do you think will be the most challenging part of becoming S&A's MD?

Undoubtedly, the most challenging aspect will be learning to step away from my current role as Head of Medico-Legal Operations,

but my replacement Elias Omar is a Lawyer by background and therefore brings a very different skill set and dynamic to our business, which is very exciting. Also not having Alison in the next door office to “run something by” will take some getting used to, although she promises she will always be happy to take a call from me! Naturally there will be other changes ahead, dictated by the changing medico-legal landscape, but provided we always remain alert to them, we will do what Somek always does best – lead the way in adapting to them.

What are your values as a leader? How do you ensure these values are upheld by your employees?

The values I hold as a leader will actually mirror those I hold as an occupational therapy expert witness. These values are: openness, transparency, good communication, respect, compassion for others, good listening skills, adaptability, robustness of opinion, flexibility of mind-set, accompanied by an ability to change direction if required, and all combined of course with a good measure of problem solving. As a company we have already done a lot of work together over the years and again, recently, regarding the setting and maintenance of our company mission and values. I consider the best way to ensure the values are upheld by our employees is to lead by example and ensure these are evident in our everyday work culture and work processes, as well as having them incorporated into staff appraisals.

You've been with Somek & Associates pretty much since it's inception, what achievements are you most proud of during that time?

Well I would never be so bold as to attribute anything specifically as my singular achievement because so many of our achievements have been a team effort. Particular highlights for me have been:

Our reputation as being the leading and largest expert witness provider, offering a balanced portfolio of claimant and defendant instructions, and producing reports of only the very highest quality,
The growth and diversity we have achieved in respect of our expert base,
The establishment of an annual conference for our experts,
The development and refining of our report templates,
The relationship we have built and maintained with clients,
The adaptability and 'can do attitude' we are known for,
The development of our rigorous training and quality assurance programmes.

What do you love to do outside of work for fun/relaxation!?

Well, historically, outside of work I would have been writing up a medico-legal report, because I love the work that much! However, as I have got older, I have better appreciated the need to take some time at the weekend to rest and re-charge. For the last 18 years (yes, 18!!) we have

been renovating a Grade 2 listed Georgian building and walled garden in North London. Now it is almost complete (if they ever are!), I look

forward to enjoying that. I also have a little King Charles Cavalier called Simba who will occupy me very well.

Jessica Thurston, Managing Director, Somek & Associates