Medico-Legal Claims

Affiliated with the South African Medico-legal Association (SAMLA), Neuro Psych Health can assist with personal injury claims for both claimants and defendants.

What are medico-legal claims?

Medico-legal claims are the bridge between psychology and the judicial system. The court or a legal third party will often request a medico-legal report when a personal injury claim has been made. The most common claims where medico-legal reports are road accident injuries processed by the road accident fund, workplace injuries, assaults and medical or dental negligence.

The report will be used as medical evidence following a personal injury claim. This report will outline the psychological and cognitive repercussions of an injury in adults and children. In addition, the report will contribute evidence for the claimant to be compensated for the damages.

A medico-legal report determines:

• The severity of the emotional, psychological and cognitive damage.
• The impact of the damage on the person's ability to function and work
• The extent of the losses suffered because of the incident due to not being able to work or the cost of medical expenses.
• Treatment suggestions and the likelihood of recovery.

The medico-legal claims process

If a legal representative has requested you to attend a medico-legal assessment, also known as a psycho-legal assessment, you may wonder what the medico-legal claim process entails.

The assessment will involve an in-depth interview with the psychologist, who will ask you questions about your history and the incident. This is to better understand your medical history, your personality, and the potential history of mental illness.

After the interview, you will be given psychometric tests. Sometimes there may also be an interview with a colleague or relative to gain a better understanding of your history. Once all the information has been gathered, a report will be compiled and sent off to the legal representative who requested the assessment.

The length of the process depends on the complexity of the case.

What are the costs involved in the medico-legal claims process?

Medical aid does not cover medico-legal assessments in South Africa. Instead, the legal representative will pay the psychologist. Psycho-legal assessments are charged by the hour, including the hours spent gathering evidence and report writing. A separate fee will be charged for court appearances and related travel costs.