LME3701 Assignment 2 RESEARCH PROPOSAL (COMPLETE ANSWERS) Semester 1 2026 - DUE April 2026; 100% trusted, comprehensive and complete reliable solution with clear explanation

LME3701 Assignment 2 RESEARCH PROPOSAL (COMPLETE ANSWERS) Semester 1 2026 - DUE April 2026; 100% trusted, comprehensive and complete reliable solution with clear explanation THE RESEARCH TOPIC IS PRESCRIBED. YOU MAY NOT CHOOSE YOUR OWN RESEARCH TOPIC. THE RESEARCH MUST BE CONDUCTED ON THE MEDICAL NEGLIGENCE LITIGATION TOPIC SET OUT BELOW USING EITHER THE HISTORICAL OR THE COMPARATIVE APPROACH (see details below). YOU WILL GET 0 IF YOU DO THE RESEARCH ON THE INCORRECT TOPIC OR IF YOU USE THE INCORRECT COMPARATIVE JURISDICTION (if you choose the comparative approach). 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 jurisdictions but rather focus on and compare the current legal position. You must formulate a unique title for your research proposal related to the given research topic, guided by which aspect of the research you choose to focus on and the research approach you choose (historical or comparative – see above). Since there is a plethora of issues to investigate within this topic/scenario, each student’s work must be unique. Consult the PowerPoint presentation under additional resources for a detailed explanation of what is required under each heading of the research proposal). 4 Prescribed headings for the draft research proposal (assignment 02) Your assignment 02 must include the following:  Prescribed title/cover page as per section D of the study guide - also on myUnisa  Working title (on your title/cover page)  Content page (table of contents)  Your draft research proposal with the prescribed headings including bibliography (see below)