Personal injury claims: The role of a Psychiatrist
Injury after an accident or as the result of negligence can impact a person’s life in various ways, including affecting their mental health. The way in which an injury affects a person’s mental health is considered when a claim for compensation is made and the opinion of Psychiatrists can be obtained for this purpose. The amount of compensation payable to a claimant is dependent on the extent of their injuries as well as the financial implications such as the cost of treatment.
For more information on the different components and how the value of a claim is determined, click here.
Psychiatrists are involved in the quantum phase of a trial, in other words after liability and responsibility to pay compensation has been successfully proven. As each person is different, evaluations are done with the help of medico-legal reports provided by specialists in their field of expertise.
For a list of other experts that may be involved in your case, see our article on Medical Negligence – Medico Legal Experts
What does a Psychiatrist do?
The terms psychologist and psychiatrist are often used interchangeably to describe a mental health professional who provides treatment. While both conduct psychotherapy, there are significant differences between the two professions and the type of treatment they provide.
Psychiatrists are medical doctors who evaluate, diagnose, and treat patients who are affected by temporary or chronic mental health issues with the use of medication. Psychiatrists can conduct medical examinations and prescribe medication. In a personal injury matter, a psychiatrist can give opinions and recommendations to the court on harm suffered by a patient as well as any treatment and costs thereof.
Qualifications and training needed
Psychiatrists are qualified medical doctors who further specialise in treating mental disorders with the use of medication. In order to qualify as a psychiatrist, a candidate must be registered as a medical doctor with the Health Professions Council of SA (HPCSA), be in possession of a MBChB degree for at least 2 years and complete a post-graduate degree with specialization in psychiatry.
How does a psychiatrist assist in a case?
A psychiatrist will assess the physical, emotional and mental harm which has been suffered as a result of injury. This is mainly done through consultation which may include:
- Completion of specially created questionnaires and personal interviews;
- Medical examinations and physical assessments or tests;
- Consideration of medical reports and other expert opinions; and
- Information about personal and family background.
In situations where the injury has resulted in neurological or physical complications, such as a brain injury, collaboration with neuropsychologists and psychologists may be appropriate. The psychiatrist can provide an opinion to the court, supported by evidence or research and the court can make the decision as to the compensation it believes would be suitable.
Trauma and injury affect every person differently and therefore it is essential to have the opinion of an experienced psychiatrist. If your case is not researched and proven correctly, you may be seriously undercompensated resulting in unnecessary hardship in future.
How do I get a psychiatrist involved in my case?
As attorneys specialising in personal injury claims, we have access to leading medical experts who are qualified and experienced in to testifying in court.
If you would like more information on the personal injury claims process, feel free to contact our offices at 012 809 1588 or send an e-mail to paul@pauldup.co.za with any questions you may have.