Medico-Legal Services
Independent psychiatric evaluation across criminal, civil and regulatory matters.
Each service below sets out its scope, the situations in which an instructing attorney might consider it, and the deliverables that can be expected.
Criminal Forensic
Criminal Forensic Assessments
Independent psychiatric evaluation of accused persons to assist the court on questions of capacity at the time of the offence and ability to participate in trial.
Scope of work
- Fitness to stand trial enquiries
- Criminal responsibility / capacity at the time of the alleged offence
- Testimonial capacity of witnesses and complainants
- Diminished capacity and sentencing considerations
Relevant statute
- Criminal Procedure Act 51 of 1977, Section 77 (fitness to stand trial)
- Criminal Procedure Act 51 of 1977, Section 78 (criminal responsibility)
When to consider this service
- An accused person presents with a history of psychotic illness and the defence wishes to raise s.77 or s.78.
- The State or defence requires a private expert opinion alongside a state hospital panel report.
- A complainant's reliability is in issue because of a known intellectual or psychiatric condition.
- Mitigation in sentencing relies on a mental disorder that fell short of pathological incapacity.
Typical deliverables
- — Written medico-legal report compliant with court requirements
- — Addendum opinions in response to opposing experts
- — Joint minutes and expert conferences
- — Oral testimony in the High Court, Regional Court and specialised tribunals
Civil Forensic
Civil Forensic Assessments
Capacity and competence opinions for civil matters where a person's mental state determines legal standing, autonomy or care arrangements.
Scope of work
- Curatorship assessments — Curator Bonis, Curator ad Litem, Curator Personam
- Child custody and parental competence evaluations
- Testamentary capacity assessments (contested wills)
- General legal competency and psychiatric disability determinations
When to consider this service
- A family seeks the appointment of a curator over a relative who has lost decisional capacity through dementia, brain injury or serious mental illness.
- A will is being contested on the basis that the testator lacked capacity at the time of execution.
- Parental fitness is in dispute in custody or care proceedings and an independent psychiatric perspective is required.
- An income protection or disability claim turns on whether a psychiatric condition meets the policy definition of disability.
Typical deliverables
- — Capacity opinion with reasoning grounded in clinical examination and collateral information
- — Records-based review where direct examination is not possible (e.g. deceased testator)
- — Court-ready medico-legal reports and supporting affidavits
Litigation & Liability
Litigation & Liability
Quantification of psychiatric sequelae arising from personal injury, motor vehicle accidents, occupational events and alleged medical or psychiatric negligence.
Scope of work
- Psychiatric sequelae of personal injury and trauma
- Road Accident Fund (RAF) claims — psychiatric component
- Medical and psychiatric negligence opinions
- Occupational injury and harassment-related psychiatric claims
When to consider this service
- An RAF claimant reports persistent post-traumatic and depressive symptoms requiring quantification for general damages and loss-of-amenities.
- A patient alleges harm arising from negligent psychiatric care, inappropriate medication, or breach of the duty of care.
- An employee pursues a CCMA or civil claim for psychiatric injury secondary to workplace conduct.
- Quantum experts require a psychiatric foundation before completing actuarial calculations.
Typical deliverables
- — DSM-aligned diagnostic formulation with prognosis and treatment cost projections
- — Apportionment between pre-existing vulnerability and incident-related contribution
- — Joint minutes with opposing psychiatrists
Regulatory & Ethical
Regulatory & Ethical Consultations
Advisory opinions on the boundary between psychiatric practice, patient rights and statutory obligations.
Scope of work
- Civil involuntary admission under the Mental Health Care Act
- Informed consent and capacity to consent to treatment
- Right to treatment and refusal of treatment matters
- Professional liability and HPCSA-related enquiries
When to consider this service
- A hospital or practitioner requires guidance on whether involuntary admission criteria are met.
- An HPCSA complaint requires an independent expert view on standard of care.
- A treating team faces a dispute about a patient's capacity to refuse a specific intervention.
Typical deliverables
- — Written advisory opinion
- — Case-conference consultation
- — Expert report for regulatory proceedings