Medical law

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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Medical malpractice: The other side

By Patrick van den Heever There has been a sharp increase in both the number and value of medical negligence claims in South Africa (SA). Medical malpractice liability is incurred […]

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Mental health in South Africa – a cause for concern?

By Saul Leal We are living in a singular era where we are able to diagnose that which has previously been unknown. Frantz Fanon dedicated his life to defend a […]

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Law and human dignity at odds over assisted suicide

  By Rinie Steinmann Respect for and protection of each individual’s inherent human dignity as envisaged by s 10 of the Constitution is a foundational principle in our law. It […]

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Mediation: A perfect solution to health care disputes

By Marietjie Botes Mediation as an alternative form of dispute resolution received renewed attention with the court-annexed mediation rules being piloted at various magistrates’ courts around South Africa and already […]

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Stem cell research – is South African law locking progress?

By Yda van Aartsen On 15 April 2013 it was reported that a researcher in the United States of America (USA), Dr Atala, announced that he had made a breakthrough […]

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Much ado about Duma?

Road Accident Fund v Duma and three related cases (Health Professions Council of South Africa as amicus curiae) [2013] 1 All SA 543 (SCA) (Brand JA) By Alfred Selman The […]

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Health care for all?

Asylum seekers, refugees and health care By Anthony Sterne Is an asylum seeker in South Africa entitled to, for example, a kidney transplant in terms of the constitutional obligation to provide […]

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The law of contract, the Consumer Protection Act and medical malpractice law

By Maud Letzler Exclusionary clauses have long formed part of the large volume of contracts that legal professionals deal with on a daily basis. Legal professionals themselves have no doubt […]

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