Foundational principles of south african medical law pdf

A south african perspective to medical law and ethics in nursing. Introduction the constitution of south africa is the supreme law of the republic. Foundational principles of south african medical law book. For the more recent academic writings see carstens and pearmain foundational principles of south african medical law 2007 288. There were no specific regulations governing the sale and use of medical devices in south africa, except for the electro medical devices, which were. The law of family in south africa ann skelton, marita carnellt, robbie robinson, sonia human, and bradley smith. Take 2 minutes to sign up to pgs student services and reap the benefits the chance to apply for one of our 15 exclusive pgs bursaries. Broadly speaking the primary sources are common law, legislation national and regional. Hospitalacquired infections when are hospitals legally liable. Towards a medical device regulation in south africa. Foundational principles of south african medical law 2007 203207. Foundational principles of south african medical law. The health professions council of south africa, which is mandated to set and maintain standards.

This will be done by highlighting and compering central ideas inherent in. There are, however, a few obiter dicta, which may be seen as starting points for the defence. It is refreshing, and long overdue, that a new reference book on the law of evidence in south africa has been published. Therefore in conclusion and based on the facts that would be. May 16, 2016 the medical device industry in south africa was conspicuous by the absence of a comprehensive system of regulation until the enactment of the medicines and related substances amendment act of 2015. Foundational principles of south african medical law paperback. All 5 llm programs in health law medical law africa and. Getting basic principles right article pdf available in africa journal of nursing and midwifery 172. Willes principles of south african law ebook isbn 9780702198922.

A delicate triangle the new south african constitution of 1996 which took effect on 1 january 1997, with its bill of rights, had a drastic effect on the south african people, social systems, the administration of justice and the law in. To begin with one needs to be aware of the many categories of sources in law. Under the constitution, all citizens enjoy certain rights, and as a doctor you have a responsibility to ensure that those rights are respected. He coauthored foundational principles of south african medical law2007 and res ipsa loquitur and medical negligence2011 entry requirements none.

This book provides readers with insight of policing developments in south africa with perspectives on developments from the early colonial days to the period of democratization pre and post1994. Sabinet foundational principles of south african medical. Lexisnexisbutterworths took pride of place in libraries of legal practitioners and students alike. Laws, ethics and professional regulation medical protection. Pdf a south african perspective to medical law and ethics. The introduction to medical law short course provides you with the complete scope, underlying principles and statutory framework for medical law in south africa. The course is ideal if you are a legal practitioner who has had little or no exposure to medical law previously and seeks to become familiar with a foundational medicolegal background. It discusses a diverse range of topics as well as the interesting dynamic between the general field of medical law and the constitution. Therefore in conclusion and based on the facts that would. Nov 25, 2014 the author revisits van wyk in extensive detail as is pointed out in. All laws or conducts, which are inconsistent with it are invalid, and the obligations which are imposed by it must be fulfilled. There have been many recent legislative changes which have materially altered the law governing both the funding and delivery of health care as well as the general understanding of medical law in this country, and there are more such changes to come.

Apart from the provisions of the constitution of the republic of south africa, 1996, and the provisions of the common law. It is in cases like these that questions regarding euthanasia, lifesupport systems and lifesustaining measures and whether withdrawal of such treatment is naturalusual or unnaturalunusual come to the fore. The legal requirements for informed consent and confidentiality of patient information are clearly specified in chapter two of the national health act. The medical device industry in south africa was conspicuous by the absence of a comprehensive system of regulation until the enactment of the medicines and related substances amendment act of 2015. Carstens, pa and pearmain, d foundational principles of south african medical law 2007 at 860862. The structure and approach to the subject is broadly accepted so that the book meets the. The text presents fundamental principles within a clear and applied framework, and supports independent, enquiring and critical engagement with the subject matter. Jan 21, 2010 foundational principles of south african medical law by p. Pdf african vs western psychology macmillan zikalala. The constitution, and all the statutes and regulations stemming from it that embody its principles. Finding legal information in south africa 2nd edition research in law requires one to use a great many information sources.

This essay shall seek to describe some of the fundamental tenants of african and western psychology. The doctrine of informed consent in south african medical law. Goliath v member of the executive council for health. Foundational principles of south african medical law pieter. Medical law and health care law in south africa have become significantly more complex of late. Foundational principles of south african medical law 2007.

Printed and published by the university of south africa muckleneuk, pretoria pvl2601120122015 98758411 3b2 the study guide reflects the law as at 1 august 2011. The main advantages of the doctrine legal certainty, predictability of the outcome of litigation, the protection of vested rights, and uniformity and equality in the application of legal principles would consequently be lost. A minithesis submitted in partial fulfilment of the requirements for the llm degree in the faculty of law of the university of the western cape. Strauss, south africa, in international encyclopaedia of laws 4558 herman nys ed. Professor pieter carstens is professor of criminal and medical law at the university of pretoria and an associate member of the pretoria bar. Interim report scottish government social research 2010. First, hornbooks are primarily devoted to setting out the principles and rules of a given legal subject, with some attention to the rationale of those. The law of contract in south africa, third edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in south africa. There have been many recent legislative changes which have. Hospitalacquired infections south african medical journal. Can private obstetric care be saved in south africa. Is south africa on the verge of a medical malpractice litigation storm.

Foundational principles of south african medical law by p. Willes principles of south african law george wille. The law of contract in south africa dale hutchison. Foundational principles of contract law is similar to a hornbookthat is, a onevolume treatise on a given legal subject that is intended primarily for lawschool studentsin length, but differs from a hornbook in two critical respect. Law and human rights enterprises university of pretoria. A patient wishing to sue a hospital for harm caused by a hospitalacquired infection would have to prove that a reasonable hospital or hospital manager would have foreseen the likelihood of harm to patients if certain steps were not taken to prevent such infection, and the hospital or hospital manager concerned had failed to take such steps. There were no specific regulations governing the sale and use of medical devices in south africa, except for the electro medical devices, which were regulated by radiation control, an agency of the.

All 5 llm programs in health law medical law africa. Pdf a south african perspective to medical law and. The practitioners guide to medical malpractice in south african law. The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in. Foundational principles of contract law oxford scholarship. Goliath v member of the executive council for health, eastern. Dr lene burger dr lene burger is a senior specialist at the tygerberg forensic pathology division of stellenbosch. The author revisits van wyk in extensive detail as is pointed out in. Pretoria, south africa 80 followers 16 discussions. Therapeutic privilege in south africa decisions dealing with the therapeutic privilege defence are notably absent in south african law.

In terms of section 11 of the constitution, 1996 everyone has the right to life. Medical law in south africa medical law in south africa on the issue of informed consent. The constitution of the republic of south africa, 1996. Medical personnel, physicians, medical laws and legislation, malpractice, medical care, confidential communications, law and legislation. He coauthored foundational principles of south african medical law 2007 and res ipsa loquitur and medical negligence2011 entry requirements none. Laws, ethics and professional regulation because the practice of medicine is so intimately concerned with peoples bodies, personal vulnerabilites and wellbeing, it is subject to legal and ethical restrictions, all of which have evolved or been designed to protect patients interests. Pearmain foundational principles of sa medical law 2007 chapters 5 8. A delicate triangle t he new south african constitution of 1996 which took effect on 1 january 1997, with its bill of rights, had a drastic effect on the south african people, social systems, the administration of justice and the law in general, particularly medical law. Foundational principles of south african medical law open. Foundational principles of south african medical law, chap 2. Medical malpractice and compensation in south africa.

Carstens pa and pearmain d foundational principles of south african medical law lexisnexis durban 2007. Legislation administered by the department of justice and constitutional development october 2011 153, in respect of the current formulation of this offence found in section 1 of. Llm programs in health law medical law africa and middle east. The study aims to survey the habits and practices of. The book attempts to provide the reader with an allinclusive and detailed report on the basic principles underpinning medical law in south africa.