+ Site Statistics
+ Search Articles
+ PDF Full Text Service
How our service works
Request PDF Full Text
+ Follow Us
Follow on Facebook
Follow on Twitter
Follow on LinkedIn
+ Subscribe to Site Feeds
Most Shared
PDF Full Text
+ Translate
+ Recently Requested

Informed consent: patient rights and the doctor's duty of disclosure in South Africa

Informed consent: patient rights and the doctor's duty of disclosure in South Africa

Medicine and Law 7(5): 443-456

In this paper, read at a conference on 'Law, Medicine and Human Rights', at Sun City in August 1987, the South African case law and legal opinion on the patient's right to be informed of, and the doctor's corresponding duty to disclose, the risks and dangers inherent in the medical intervention involved are systematized, expounded and discussed. The conclusion arrived at is that, although a variety of issues concerning the scope and test of disclosure have not yet been settled, the principle of patient autonomy and its corollary, informed consent, have received clear recognition in South African medical law.

Please choose payment method:

(PDF emailed within 1 workday: $29.90)

Accession: 040440040

Download citation: RISBibTeXText

PMID: 2493551

Related references

Certainty ranges facilitated explicit and transparent judgments regarding evidence credibility. Journal of Clinical Epidemiology 104: 46-51, 2018

The law of informed consent: from "doctor is right" to "patient has rights". Syracuse Law Review 50(4): 1243-1260, 2000

A doctor's duty of disclosure and the decline of 'The Bolam Test': A dramatic change in the law on patient consent. Medico-LegalJournal84(1):5, 2016

The Patient Rights Act (PatRG)--part 2: informed consent, duty to inform, documentation of treatment, access to the patient file. Archiv für Kriminologie 232(5-6): 145-160, 2014

Therapeutic decisions and patient disclosure. Patients' rights and practitioner responsibility: informed consent. L' Orthodontie Francaise 82(1): 59-66, 2011

Does the right of a doctor to prescribe a branded drug without informed consent of the patient constitute a violation of patient's rights?. Indian Journal of Medical Sciences 57(10): 458-460, 2003

Informed consent versus "communicated consent" in the need to ensure a two-way doctor-patient relationship and to improve patient and doctor satisfaction. Atencion Primaria 45(4): 225-226, 2013

Informed consent and the scope of a physician's duty of disclosure. Specialty Law Digest. Health Care Law 2003(285): 9, 2003

Rogers v. Whitaker and informed consent in Australia: a fair dinkum duty of disclosure. Medical Law Review 1(2): 139-159, 1993

Who is the patient? Disclosure of information and consent in anesthesia and intensive care (informed consent). Collegium Antropologicum 37(3): 1033-1038, 2013

Doctor, are you experienced? The relevance of disclosure of physician experience to a valid informed consent. Journal of Contemporary Health Law and Policy 18(2): 373-419, 2002

Training Surgeons and the Informed Consent Process Routine Disclosure of Trainee Participation and Its Effect on Patient Willingness and Consent Rates. 2011

Training surgeons and the informed consent process: routine disclosure of trainee participation and its effect on patient willingness and consent rates. Archives of Surgery 147(1): 57-62, 2012

Partnership: doctor and patient: advocacy for informed choice vs. informed consent. Spine 30(3): 269-272, 2005

Hospitals under no duty to disclose negative information unless asked. Informed consent: informed consent required for a circumcision. D.N.N. v. Berestka, No. A06-2266 (Ct. App. Minn. Feb. 5, 2008). Journal of Healthcare Risk Management 28(2): 49, 2008