2023
UNIQUE CODE: 298911
, LCR4802 (Medical Law)
Assessment 1
Semester 1 of 2023
Scenario
Sipho is twelve years old and is brought to hospital by his guardian, complaining of
abdominal pain. It is established that Sipho rather urgently needs an operation
(appendicectomy) to have his appendix removed
(1) Who must consent to the appendicectomy in terms of the relevant legislation? (8)
(2) One of the general requirements for consent to be valid is that it must be given in
the proper form where such form is prescribed by law. Is the form in which consent
has to be given in this case prescribed by law? If so, set out the legal requirements
so prescribed. (5)
(3) Sipho’s teacher calls the hospital, requesting detailed information regarding his
state of health, the diagnosis, the type of treatment he is getting, the visitors he is
receiving and the prognosis. Is the hospital at liberty to divulge all this information
to Sipho’s teacher at their sole discretion or do they need anybody’s consent in the
circumstances of the case?
(4) Suppose Sipho has recovered sufficiently to be discharged from the hospital. What
are the legal requirements with regard to the furnishing of a discharge report in
this instance, if any?
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