Lawyer Monthly Magazine - July 2019 Edition

Why is an architect best placed to be an Expert Witness in pro- viding accommodation reports? Architects come from a diversity of academic backgrounds, but we all share the common foun- dation of learning how to deci- pher our client’s requirements and translate them into 3D de- sign solutions; we are trained to be problem solvers. As a Healthcare Architect, I en- joy the task of reconciling the differing needs between the patients and those of the peo- ple actually providing the care (clinicians for instance), in order to create an environment that facilitates the best outcome for all parties. A classic conflict in designing hospital inpatient ar- eas is the need for patients to be observed by nursing staff, potentially clashing with the pa- tients’ right to privacy. Ceiling mounted hoisting (for people who need transferring from say a bed to the toilet) can be an emotive issue. Carers and nurs- ing staff are bound by Manual Handling Guidelines, but some hoisting solutions can compro- mise a patient’s experience and their dignity. It needs to be emphasised that inclusive design and environ- mental accessibility are inherent within healthcare design agen- das and not, as it is frequently, considered as an ‘add-on’ to building projects, as a tick box in meeting Building Regula- tions. A common thread in our design principles is the goal to create an environment that requires minimal mechanical In this interview, Marisa explains how her healthcare background has been instrumental in supporting her role as an Accommodation Expert, the nuances of opinion evidence and the importance of remaining in practice. means and at the same time maximises independence for all, regardless of ability. In my view, it is lazy and damaging to simply rely on installations, such as a platform lift, to resolve a problem that can be mitigated with an architectural design so- lution. In some cases, the mere presence of such installations can bring about psychological barriers that would be counter- productive to promoting inde- pendence. Another design goal is to create environments that are non-insti- tutional, non-clinical and more humanised. This necessitates the consideration of the socio- cultural, emotional and holistic needs of the inhabitants without compromise to the function. This is often a tricky balancing exer- cise but can be enabling for the occupants and contribute to health and wellbeing when it is achieved. Assistive technology is a fast- flowing landscape, and while robotic limbs (think Claire Lo- mas) and digital aids are be- coming increasingly available, as Architects it is important to stay relevant and keep abreast of the latest technologies and this is an agenda we embrace. While Accommodation Experts from other disciplines may have occupied this field for many years, I believe it is the wide- ranging skill set of Architects that can appropriately address the varying accommodation issues that are inherent in complex and often high valued claims. What are the requirements needed to be an Accommoda- tion Expert? You cannot be an Expert in being an Expert! Every Expert, regardless of their field, will not only require a solid foundation of practical experience but they will stand in better stead if they remain in practice for the dura- tion of any CPR Part 35 obliga- tions. All of the Experts in the Cowan team are practicing Healthcare Architects. We have all special- ised in this field as we feel that we’re making a difference to people’s lives at a time when they are most vulnerable. It takes a certain type to want to do this and we get very pas- sionate about using design as a problem-solving tool, and mak- ing a positive impact. Design aside, Architects will be trained to understand construc- tion and contract law, but tra- ditionally, we will have little un- derstanding of the legal process and the Court system. Appro- priate legal training is required; and all our Experts have needed to upskill in this area and have all completed the demanding University of Cardiff Accredited Expert Witness Certificates. What added value do your ac- commodation reports provide the Court and what can go wrong? The purpose of an accommo- dation report is to advise the Court on technical, architectur- al and housing aspects around Healthcare Architecture: The Requirements of Becoming an Expert As Quantum Experts, the Cowan team provide re- ports on the accommo- dation needs of people who have suffered injury or trauma and are seeking compensation through the Courts. They interpret the Claimant’s needs, assess the impact on their home environment and evalu- ate the costs for adapting or relocation to a suitable alternative. Marisa Shek, Architect, Expert Witness, Director of Cowan Architects 9 - 10 Old Stone Link Ship Street, East Grinstead West Sussex, RH19 4EF Tel: 01342 410242 ms@cowan-architects.co.uk EXPERT ROLE CONTACT HEALTHCARE ARCHITECTURE JUL 2019 56 Expert Witness www. lawyer-monthly .com