Foundational Principles of South African Medical Law
Many people question the validity of medical or health law as a legal concept. They take the view that it is simply a compendium of aspects, taken within a particular context, of the more traditional legal cate
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Many people question the validity of medical or health law as a legal concept. They take the view that it is simply a compendium of aspects, taken within a particular context, of the more traditional legal categories such as constitutional law and the common law of contract and delict. This view is limited in that it ignores the immense value of a teleological approach. Logically speaking, law can never be an end in itself. Law only has meaning when viewed as a means. One can only assess the value and significance of law in the light of how successful and effective a means it proves to be in relation to a particular end. That end, hopefully, is justice within the specific context in which the law has been applied. Law begs the question of application and application begs the question of context. If general principles of law applied in a particular context lead to a result that is irrational or unfair, then obviously such an application of the law is ineffectual.
Table of contents
1 - General introduction
2 - The Constitution and health care services
3 - The South African health system
4 - Statutory framework for the regulation of the medical profession
5 - Law of contract: Health services delivery
6 - Law of contract: Health services delivery – public sector
7 - Law of contract: Health services delivery – private sector
8 - Law of delict: Health services delivery
9 - Professional medical negligence
11 - The patient’s privacy and medical confidentiality
Table of statutes and cases