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View article: Using common law and statutory offences to address obstetric violence in South Africa
Using common law and statutory offences to address obstetric violence in South Africa Open
In recent years there has been increasing concern about the various forms of abuse faced by birthing patients during labour and childbirth. Common examples include being scolded, slapped, pinched, stabbed with scissors or struck with a rul…
View article: Mandatory reporting obligations within the context of health research: Grappling with some of the ethical-legal complexities
Mandatory reporting obligations within the context of health research: Grappling with some of the ethical-legal complexities Open
Mandatory reporting of various forms of abuse, from violence to corruption, is an attempt by the state to intervene in circumstances where there is a public or a private interest that ought to be protected. This intrusion of the st…
View article: Forms to capture child consent to surgical procedures: Time to focus on function rather than form
Forms to capture child consent to surgical procedures: Time to focus on function rather than form Open
It is uncontroversial that no form of treatment, including a surgical operation, can be undertaken without the consent of the patient/proxy. The Children’s Act deals expressly with consent to ‘surgical operations’ on children. Section 129 …
View article: Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty?
Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty? Open
Medical advances have created a range of life-saving or life-prolonging treatments that enable life to be extended artificially. The South African National Health Act provides that a patient has the right to refuse treatment: therefore, in…
View article: Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty?
Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty? Open
Medical advances have created a range of life-saving or life-prolonging treatments that enable life to be extended artificially. The South African National Health Act provides that a patient has the right to refuse treatment: therefore, in…
View article: Obtaining informed consent for a sterilisation in the light of recent case law
Obtaining informed consent for a sterilisation in the light of recent case law Open
The need to obtain informed consent prior to any sterilisation is a very well-established ethical and legal obligation. South African law, however, does not specifically state who is responsible for obtaining informed consent before perfor…