Abstract
M.Ed.
This study focuses on the role of the Educational Psychologist in the medico-legal
process, with specific reference to the medico-legal report written for motor-vehicle
accident compensation claims. Every year in South Africa approximately 10 000
people die and another 150 000 people are injured in road traffic accidents
(www.raf.co.za). This results in thousands of injured people instituting claims against
the Road Accident Fund for compensation for their injuries. In determining the injuries
sustained and expected outlook for the future of these victims in terms of future
education and/ or employment, such compensation claims require the opinions of
numerous experts such as doctors, accident reconstruction experts, psychologists
and other paramedical therapists. However, due to the adversarial nature of our legal
system, many psychologists are reluctant to assess victims for compensation claims
and become medico-legal experts, as they have no set guidelines to follow in this
often treacherous arena. It is thus felt that a structure for the writing of medico-legal reports should be created to provide an acceptable format for the guidance of Educational Psychologists as well as to delineate their role and purpose as expert witnesses in court. The researcher will explain the current report-writing procedures in medico-legal cases and compare them with the requirements of legal teams who handle such matters. These
comparisons will be used to compile useful guidelines for Educational Psychologists in
the writing of medico-legal reports for motor vehicle accident claims. In this research, a generic qualitative research design will be conducted, using the constant comparative method of data analysis. The data for this study will be collected by means of interviews and documented text. A purposeful sample will be used to ensure that Educational Psychologists and lawyers with the necessary experience will be interviewed. A literature study will be provided to indicate the formal research that exists in the field of medico-legal reports. The proposed guidelines are provided in the final chapter to serve as a framework for Educational Psychologists to use in the writing of medico-legal reports for motorvehicle accident claims. The researcher hopes that this will create a better
understanding between lawyers and psychologists so that they can work together
more effectively.