LCR4802 Exam Pack | Complete Study Questions, Answers & Prep Guide

LCR4802 Exam Pack | Complete
Study Questions, Answers & Prep
Guide

, MEDICAL LAW

EXAMINATION

PREPARATION SEMESTER 1

, Question 1 of 40 j j j j




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The ombudsman appointed by the Health Professions Council of South Africa must inter alia—
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mediate in the case of minor transgressions referred to him or her for mediation with a view to
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resolving such matters. j j




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It is indeed one of the functions of the ombudsman to mediate in the case of minor transgressions
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referred to him or her for mediation with a view to resolving such matters. See the study guide 3.8.3.
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arbitrate in the case of minor transgressions referred to him or her for arbitration with a view to resolving
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such matters. j




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investigate all complaints of unprofessional conduct by a registered medical practitioner. j j j j j j j j j j




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peruse and analyse all complaints received, categorise them according to their significance and seriousness,
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and record each complaint against the name of the respondent concerned as it appears in the register.
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Question 2 of 40 j j j j




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The most important judgment on indemnity clauses in hospital admissions forms is Afrox Healthcare Bpk v
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Strydom 2002 (6) SA 21 (SCA). The Consumer Protection Act 68 of 2008 came into force some time after the Afrox
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case. The provisions of this Act changed the legal position to some extent.
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Which one of the following statements is correct?
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It is still unnecessary for a hospital (service provider) to draw the patient‘s (consumer‘s) attention to an
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indemnity clause contained in a hospital admissions form. j j j j j j j




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B. j




Since the coming into operation of the Consumer Protection Act 68 of 2008, an indemnity clause contained
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in a hospital admission form is always null and void and unenforceable.
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C. j




It is still uncertain whether an indemnity clause purporting to exempt a hospital (service provider) from liability for
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any loss attributable to the gross negligence of the hospital is valid and enforceable.
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D. j

, Since the coming into operation of the Consumer Protection Act 68 of 2008, an indemnity clause purporting
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to exempt a hospital (service provider) from liability for any loss attributable to gross negligence on its part
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is void to the extent that it contravenes the provisions of the Act.
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See 4.1.2.3 of the study guide.
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The Consumer Protection Act answers the question that was left hanging in Afrox, namely whether an
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indemnity clause could be applied to avoid liability for gross negligence. Section 51(1)(c) now provides that a
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supplier must not make a transaction or agreement subject to any term or condition purporting to limit or
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exempt a supplier of goods or services from liability for any loss directly or indirectly attributable to the gross
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negligence of the supplier or any person acting for or controlled by the supplier. Section 51(3) of the Act j j j j j j j j j j j j j j j j j j j j




makes it clear that such a purported term or condition of a transaction or agreement, or notice to which a
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transaction or agreement is purported to be subject, is void to the extent that it contravenes section 53. j j j j j j j j j j j j j j j j j j




Question 3 of 40 j j j j




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Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia—
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cannot, in law, be regarded as the cause of the patient‘s death.
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can be executed lawfully only if the patient is already brain dead.
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would be lawful if it gives effect to the deceased‘s wishes as expressed in a living will.
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might be lawful if the person whose death is in question enjoys a very poor quality of
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life.

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Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia might be lawful if the person whose
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death is in question enjoys a very poor quality of life. See 6.2.3.2 of the study guide. The court stated as
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follows: ―The decision whether the discontinuance of the artificial nutritioning of the patient and his
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resultant death would be wrongful, depends on whether, judged by the boni mores of our society, it would be
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reasonable to discontinue such nutritioning. This decision relates to the quality of life that the patient still
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enjoys.‖

Question 4 of 40 j j j j




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In S v Hartmann 1975 (3) SA 532 (C) a medical practitioner took the life of his father who had been
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suffering severely. This was an instance of— j j j j j j j




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active euthanasia on request of the patient, resulting in an acquittal on the charge of murder.
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active euthanasia resulting in a conviction of culpable homicide.
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