By Valeske Kelly, Giden Heyns and Caren Swanepoel, Directors and Managing Director of CSIP (Caren Swanepoel Industrial Psychologists), CSIP Kelly and CSIP Heyns.
CSIP may be contacted on 067 930 5709
or admin@csip.co.za.
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Medical negligence claims have become a growing concern in South Africa, particularly within the public health sector. Due to systemic challenges such as underfunding, overcrowded facilities, and staff shortages, the quality of care in public hospitals and clinics is often compromised. This has led to a rise in litigation as patients seek compensation for harm caused by substandard medical treatment. One of the key roles in assessing the financial impact of such claims is played by an experienced Industrial Psychologist appointed as an earnings expert.
This article will explore the landscape of medical negligence claims in South Africa's public health sector and the critical function Industrial Psychologists serve in determining the future earning potential of claimants.
The Surge in Medical Negligence Claims in the Public Health Sector
Over the past decade, South Africa has witnessed an alarming increase in medical negligence claims, particularly within the public healthcare system. Public health facilities are often stretched beyond capacity, leading to unfortunate incidents of medical malpractice, which include delayed treatment, surgical errors, misdiagnoses, and birth injuries, among others. Many of these cases have resulted in severe, life-altering conditions for patients.
These claims, often pursued through litigation, are not only about compensating for pain and suffering but also about covering future medical expenses and loss of income. This is where an Industrial Psychologist, becomes indispensable.
The Role of Industrial Psychologists in Medical Negligence Claims
Industrial Psychologists play a pivotal role in medical negligence claims, especially when an individual has suffered injuries that impact their ability to work/study. Industrial Psychologists are instructed to assess the claimant's pre-incident and post-incident earning capacity, future career prospects, and how the injury has affected their ability to participate in the labour market and progress in their career.
The role of an Industrial Psychologist can be divided into the following key functions:
Assessment of Pre-Incident Earning Capacity: An Industrial Psychologist evaluates the claimant's career trajectory before the injury occurred. This includes analysing the person's educational background, work history, age, skills, and potential for career advancement. The goal is to establish a benchmark for what the individual was likely to earn, had the injury not occurred.
Impact of Injury on Earning Potential: Post-injury, the Industrial Psychologist assesses the extent to which the medical injury has impaired the claimant's ability to work/study, guided by relevant expert opinions. If the claimant is unable to return to their previous job/studies or continue in the same capacity, the Industrial Psychologist provides a detailed analysis of such, with alternative employment options, their reduced earning capacity, and the likelihood of obtaining work in a different role. This often involves consultation with other medical professionals, such as orthopaedic surgeons or neurosurgeons, as well as functional experts and psychologists, to fully understand the long-term physical or cognitive limitations resulting from the negligence.
Calculation of Future Loss of Earnings: Using the data gathered, the Industrial Psychologist calculates the financial loss the claimant will suffer due to the incident. This includes:
Ø Past loss of earnings: The income lost from the time of injury to the time of assessment.
Ø Future loss of earnings: A projection of what the claimant would have earned had they not been injured, compared to what they are now expected to earn post-injury.
Industrial Psychologists consider multiple factors such as expected career growth, and the probability of career stagnation or regression due to injury. They may also calculate the claimant's retirement age, taking into account how their health has been affected.
Vocational Rehabilitation and Employment Prospects: In some cases, claimants may be able to re-enter the workforce in a different capacity. The Industrial Psychologist assesses whether the claimant will need vocational retraining or if they are eligible for a different type of employment. For example, a manual labourer who suffers a debilitating injury may no longer be able to perform physical tasks but could explore another less physically demanding role, such as self-employment where they could determine their own work hours and the extent of their product/service offering.
Expert Testimony: As part of the litigation process, Industrial Psychologists often provide expert testimony in court. They present their findings in a detailed report, which explains the extent of the claimant's financial losses due to the incident and the sequelae thereof. Their evidence is critical in helping the court determine an appropriate level of compensation for the injured party.
Challenges in Assessing Earnings in the Public Health Sector
Assessing medical negligence claims within the public health sector can be particularly challenging due to several factors:
Socio-economic Disparities: Many claimants in the public health system come from lower-income backgrounds, and their future earning potential may have been limited even before the injury. This makes it difficult to determine a baseline for what they could have earned without the injury.
Limited Access to Vocational Rehabilitation: Public sector patients may not have the same access to rehabilitation services that are available to claimants in the private health sector. This may be challenging to project future employment opportunities and earning potential.
Delays in Legal Proceedings: Due to the backlog of cases in South Africa's judicial system, medical negligence claims often take years to be resolved. During this time, the claimant's circumstances may change, complicating the assessment of long-term earning capacity.
Conclusion
In the context of South Africa's public health sector, where medical negligence claims are on the rise, the role of Industrial Psychologists as earnings experts is crucial. Their expert assessments, based on years of experience and expertise, ensure that claimants receive fair compensation, particularly when their ability to work and earn a living has been compromised. Through detailed analyses of pre- and post-incident earning potential, they provide courts with vital information that helps determine the extent of financial losses, thereby shaping the outcome of these claims.
By contributing to a fair and transparent legal process, Industrial Psychologists help claimants rebuild their lives after experiencing the devastating impact of medical negligence, while also promoting accountability within the public healthcare system.
The opinions expressed in this article are the author’s own and do not necessarily reflect the view of Lexinfo CC.
CSIP (Caren Swanepoel Industrial Psychologists)
Posted: 01 October 2024