In 1 and 2 of this series we dealt with wrongful pregnancy and wrongful birth, respectively. In part 3, however, we will specifically look at when a claim for wrongful life can be brought against a healthcare practitioner. Wrongful life clarified A wrongful life claim may arise when a child is born with a disability […]
It is sometimes, incorrectly, thought that mere non-disclosure by an insured of any fact/s entitles the insurer to avoid the insurance policy. That is not so. The non-disclosure, or if it is a positive false disclosure, a misrepresentation, must be wrongful. It is not sufficient that it is simply false or misleads. The non-disclosure must […]
South Africa is among a handful of countries that can claim to be leading the way in the field of endoscopic gynaecology. So, it is fitting that we will be hosting the world’s first endoscopic gynaecology conference this month, from 13 to 17 April, at the Cape Town International Convention Centre (CTICC). The conference, hosted […]
Medical practitioners are very familiar with the requirement to obtain informed consent (or in appropriate cases, informed refusal) before treating a patient. It happens from time to time that a patient in a complaint to the Health Professionals Council of South Africa or a damages claim in the courts, alleges a failure to have obtained […]