LME3701 Assignment 2 2026 (Historical and Comparative ) – Due April 2026

LME3701 Assignment 2 2026 (Historical and Comparative ) 2026

PRESCRIBED RESEARCH TOPIC

In recent years, South Africa has seen a significant rise in medical negligence claims.
Large amounts of compensation are being awarded to patients who suffered harm
due to medical negligence, especially in public hospitals. Sometimes, criminal cases
are instituted against the health care practitioner who treated the patient. The South
African Law Reform Commission investigated the phenomenon (medico-legal claims)
and released an issue paper and a discussion paper on the topic. There are a variety
of proposed solutions to the problem, as pointed out by the Law Reform Commission
and various scholars.

You decide to make this your research topic for your post-graduate studies. You are
now tasked with compiling a draft research proposal on the resolution of medical
negligence claims in South Africa. You can choose to focus on the way these cases
are handled in civil court or in criminal court (not both). Consult case law, legislation,
journal articles, books and law reform commission reports on the topic. Also consider
one or more proposed solutions as mentioned by scholars, such as health courts,
compulsory mediation in medical negligence cases, moving over to the no-fault
system or rethinking the degree of negligence needed for a criminal charge involving
medical negligence. The Constitutional rights involved in these matters should form
the basis of your research.

You must choose whether you want to research the given topic on medical
negligence claims (medico-legal claims) using the historical approach or the
comparative approach (see explanation below)
A) Historical research approach.

This means looking at the historical development of the law on the issue from
a specific date in the past up to the present day. You will look at relevant case
law and legislation that might have contributed to the law as it stands today.
You will also consider law reform commission reports on the given topic.

Writings by scholars in books and journal articles can assist with interpreting
the law and evaluating its application and effectiveness, as well as proposed
solutions to the problem. For purposes of the historical approach, you focus on
the historical developments in South Africa only.
OR
B) Comparative research approach:
This means, for purposes of this module, looking at the current legal position in
one jurisdiction and comparing it to the current legal position in another
jurisdiction. For purposes of this research proposal, you must look at the laws of
South Africa and New Zeeland. Legislation, case law, law reform commission
reports and writings by scholars should be consulted. You will not go into detail
about the historical developments of the law on the issue in these two