lOMoAR cPSD| 48243012
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Question 1
3.0 Points
The ombudsman appointed by the Health Professions Council of South
Africa must inter alia—
•
A.
mediate in the case of minor transgressions referred to him or her
for mediation with a
view to resolving such
matters.
Feedback:
It is indeed one of the functions of the ombudsman to mediate in
the case of minor transgressions referred to him or her for
mediation with a view to resolving such matters. See the study
guide 3.8.3.
•
B.
arbitrate in the case of minor transgressions referred to him or
her for arbitration with a view to resolving such matters.
•
C.
investigate all complaints of unprofessional conduct by a
registered medical practitioner.
•
D.
peruse and analyse all complaints received, categorise them
according to their significance and seriousness, 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
3.0 Points
The most important judgment on indemnity clauses in hospital
admissions forms is Afrox Healthcare Bpk v Strydom 2002 (6) SA 21
(SCA). The Consumer Protection Act 68 of 2008 came into force some
time after the Afrox case. The provisions of this Act changed the legal
position to some extent.
Which one of the following statements is
correct?
•
A.
It is still unnecessary for a hospital (service provider) to draw the
patient‘s (consumer‘s) attention to an indemnity clause
contained in a hospital admissions form.
•
B.
Since the coming into operation of the Consumer Protection Act
68 of 2008, an indemnity clause contained in a hospital
admission form is always null and void and unenforceable.
•
C.
It is still uncertain whether an indemnity clause purporting to
exempt a hospital (service provider) from liability for any loss
attributable to the gross negligence of the hospital is valid and
enforceable.
•
D.
Since the coming into operation of the Consumer Protection Act
68 of 2008, an indemnity clause purporting to exempt a hospital
(service provider) from liability for any loss attributable to gross
negligence on its part is void to the extent that it contravenes the
provisions of the Act.
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, lOMoAR cPSD| 48243012
Feedback:
See 4.1.2.3 of the study guide.
The Consumer Protection Act answers the question that was left
hanging in Afrox, namely whether an indemnity clause could be
applied to avoid liability for gross negligence. Section 51(1)(c)
now provides that a supplier must not make a transaction or
agreement subject to any term or condition purporting to limit or
exempt a supplier of goods or services from liability for any loss
directly or indirectly attributable to the gross negligence of the
supplier or any person acting for or controlled by the supplier.
Section 51(3) of the Act makes it clear that such a purported
term or condition of a transaction or agreement, or notice to
which a transaction or agreement is purported to be subject, is
void to the extent that it contravenes section 53.
Question 3 of 40
3.0 Points
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive
euthanasia—
•
A.
cannot, in law, be regarded as the cause of the patient‘s death.
•
B.
can be executed lawfully only if the patient is already brain dead.
•
C.
would be lawful if it gives effect to the deceased‘s wishes as
expressed in a living will.
•
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Downloaded by Master vincent ()
, lOMoAR cPSD| 48243012
Question 1
3.0 Points
The ombudsman appointed by the Health Professions Council of South
Africa must inter alia—
•
A.
mediate in the case of minor transgressions referred to him or her
for mediation with a
view to resolving such
matters.
Feedback:
It is indeed one of the functions of the ombudsman to mediate in
the case of minor transgressions referred to him or her for
mediation with a view to resolving such matters. See the study
guide 3.8.3.
•
B.
arbitrate in the case of minor transgressions referred to him or
her for arbitration with a view to resolving such matters.
•
C.
investigate all complaints of unprofessional conduct by a
registered medical practitioner.
•
D.
peruse and analyse all complaints received, categorise them
according to their significance and seriousness, and record each
complaint against the name of the respondent concerned as it
appears in the register.
Downloaded by Master vincent
, lOMoAR cPSD| 48243012
Question 2 of 40
3.0 Points
The most important judgment on indemnity clauses in hospital
admissions forms is Afrox Healthcare Bpk v Strydom 2002 (6) SA 21
(SCA). The Consumer Protection Act 68 of 2008 came into force some
time after the Afrox case. The provisions of this Act changed the legal
position to some extent.
Which one of the following statements is
correct?
•
A.
It is still unnecessary for a hospital (service provider) to draw the
patient‘s (consumer‘s) attention to an indemnity clause
contained in a hospital admissions form.
•
B.
Since the coming into operation of the Consumer Protection Act
68 of 2008, an indemnity clause contained in a hospital
admission form is always null and void and unenforceable.
•
C.
It is still uncertain whether an indemnity clause purporting to
exempt a hospital (service provider) from liability for any loss
attributable to the gross negligence of the hospital is valid and
enforceable.
•
D.
Since the coming into operation of the Consumer Protection Act
68 of 2008, an indemnity clause purporting to exempt a hospital
(service provider) from liability for any loss attributable to gross
negligence on its part is void to the extent that it contravenes the
provisions of the Act.
Downloaded by Master vincent ()
, lOMoAR cPSD| 48243012
Feedback:
See 4.1.2.3 of the study guide.
The Consumer Protection Act answers the question that was left
hanging in Afrox, namely whether an indemnity clause could be
applied to avoid liability for gross negligence. Section 51(1)(c)
now provides that a supplier must not make a transaction or
agreement subject to any term or condition purporting to limit or
exempt a supplier of goods or services from liability for any loss
directly or indirectly attributable to the gross negligence of the
supplier or any person acting for or controlled by the supplier.
Section 51(3) of the Act makes it clear that such a purported
term or condition of a transaction or agreement, or notice to
which a transaction or agreement is purported to be subject, is
void to the extent that it contravenes section 53.
Question 3 of 40
3.0 Points
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive
euthanasia—
•
A.
cannot, in law, be regarded as the cause of the patient‘s death.
•
B.
can be executed lawfully only if the patient is already brain dead.
•
C.
would be lawful if it gives effect to the deceased‘s wishes as
expressed in a living will.
•
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