INSIGHTS – MEDICO-LEGAL KNOWLEDGE CENTRE
Our Insights section is designed to promote informed, evidence-based medico-legal practice in South Africa. We address key legal-medical intersections that affect personal injury and negligence litigation, providing clarity on processes, evidentiary requirements and professional standards.
Road Accident Fund (RAF) Claims in South Africa – Detailed Guidance
The Road Accident Fund compensates individuals who sustain injuries due to the negligence of another road user. However, successful RAF claims are evidence-driven and procedurally structured
A properly prepared RAF claim typically requires:
  • Serious injury assessment (RAF4)
  • Specialist medical evaluations
  • Occupational therapy functional analysis
  • Industrial psychology assessment for income loss
  • Actuarial calculation of future losses
Without coordinated medico-legal reporting, claimants risk delay, rejection or under-settlement.
Ethicus ensures that all required expert opinions are properly obtained, structured and aligned with RAF evidentiary standards before legal proceedings advance.
We also address common questions such as:
  • Who qualifies for a RAF claim?
  • What constitutes a serious injury?
  • How are future medical expenses claimed?
  • What is loss of earning capacity?
  • What happens if the RAF disputes the injury assessment?
Medical Negligence Claims – Establishing Liability and Causation
Medical negligence litigation requires proof of four legal elements:
  • Duty of Care
  • Breach of Duty
  • Causation
  • Damages
These elements must be established through independent, specialist medical opinion.
Complexities often arise in:
  • Surgical complications
  • Misdiagnosis or delayed diagnosis
  • Birth injuries
  • Anaesthetic errors
  • Post-operative management failures
Ethicus coordinates forensic-level record review and independent causation assessment to ensure claims are supported by defensible medical analysis before referral to litigation attorneys.
Future Insight topics will include:
  • Loss of Support Claims
  • Public Liability & Slip and Fall Claims
  • Serious Injury Threshold Assessments
  • Role of Expert Witnesses in Court
  • Best Practices in Medico-Legal Reporting