Medical law

Changes to the HPCSA’s professional conduct inquiry process may improve efficiency and practitioner well-being

In June 2023, the Minister of Health, Dr Joe Phaahla, published new regulations (GN R3564 GG48838/23-6-2023), which amended the Health Professions Council of South Africa’s (HPCSA) professional conduct inquiry process. […]

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The common law ‘public healthcare defence’ remains a viable defence despite the SCA ruling in Mashinini

By Muano Mudzanani The Mashinini v Member of the Executive Council for Health and Social Development Gauteng Provincial Government (SCA) (unreported case no 335/2021, 18-4-2023) (Zondi JA (Schippers and Gorven […]

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A fly in the ointment: The headaches caused by s 59(3) of the Medical Schemes Act

It is often stated that the medical aid industry is prone to abuse by members and health practitioners because payments for services rendered are made in good faith. In recent […]

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NHI and the inequalities of coverage for asylum seekers and illegal foreigners

The National Health Insurance Bill B11 of 2019 (the Bill) has garnered considerable comments, questions and, views from laypeople and legal commentators alike. The overarching concerns surrounding the Bill involves […]

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Cerebral palsy and delictual compensation – is there a need for a register?

By Sarel Steel, Andre Stephan Botha and Tashvir Khalawan The quantification of damages in certain legal matters involves calculating the capitalised value, or expected present value, of a list of […]

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Is it safe to rely on a court to draw an adverse inference from the absence of a witness?

Manzi v King’s College Hospital NHS Foundation Trust [2016] EWHC 1101 (QB) By Natasha Naidoo The judgment handed down in Manzi v King’s College Hospital NHS Foundation Trust [2016] EWHC […]

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Providing legal aid to indigent mental health care users

By Moffat Ndou Section 15 of the Mental Health Care Act 17 of 2002 (MHCA) provides that a mental health care user is entitled to representation, including a legal representative. […]

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Who is responsible for mishaps in the operating theatre at a private hospital?

By Dr Henry Lerm Picture the typical set-up in an operating theatre in the eighteenth century. There, he was, the lone medical man, scalpel in hand, hunched over the patient […]

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When constitutional guarantees meet reality in health care

By Wihann Joubert No other consumer/provider relationship in South Africa (SA) starts off on a more unbalanced level as the relationship between the consumer of health services and the provider […]

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Detention without consent: Protection of mentally ill person’s financial interest

By Moffat Ndou Section 9(1)(c)(iii) of the Mental Health Care Act 17 of 2002 (MHCA) provides that a health care provider or a health establishment may provide care, treatment and […]

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