LCR4802 Exam Pack | Complete
Study Questions, Answers & Prep
Guide
, MEDICAL LAW
EXAMINATION
PREPARATION SEMESTER 1
, Question 1 of 40 j j j j
3.0 Points j j
The ombudsman appointed by the Health Professions Council of South Africa must inter alia—
j j j j j j j j j j j j j j
•
A. j
mediate in the case of minor transgressions referred to him or her for mediation with a view to
j j j j j j j j j j j j j j j j j
resolving such matters. j j
Feedback: j
It is indeed one of the functions of the ombudsman to mediate in the case of minor transgressions
j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j
referred to him or her for mediation with a view to resolving such matters. See the study guide 3.8.3.
j j j j j j j j j j j j j j j j j j j
•
B. j
arbitrate in the case of minor transgressions referred to him or her for arbitration with a view to resolving
j j j j j j j j j j j j j j j j j j j
such matters. j
•
C. j
investigate all complaints of unprofessional conduct by a registered medical practitioner. j j j j j j j j j j
•
D. j
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.
j j j j j j j j j j j j j j j j j
Question 2 of 40 j j j j
3.0 Points j j
The most important judgment on indemnity clauses in hospital admissions forms is Afrox Healthcare Bpk v
j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j
Strydom 2002 (6) SA 21 (SCA). The Consumer Protection Act 68 of 2008 came into force some time after the Afrox
j j j j j j j j j j j j j j j j j j j j j
case. The provisions of this Act changed the legal position to some extent.
j j j j j j j j j j j j j
Which one of the following statements is correct?
j j j j j j j j
•
A. j
It is still unnecessary for a hospital (service provider) to draw the patient‘s (consumer‘s) attention to an
j j j j j j j j j j j j j j j j j
indemnity clause contained in a hospital admissions form. j j j j j j j
•
B. j
Since the coming into operation of the Consumer Protection Act 68 of 2008, an indemnity clause contained
j j j j j j j j j j j j j j j j j
in a hospital admission form is always null and void and unenforceable.
j j j j j j j j j j j
•
C. j
It is still uncertain whether an indemnity clause purporting to exempt a hospital (service provider) from liability for
j j j j j j j j j j j j j j j j j j j j j j j j
any loss attributable to the gross negligence of the hospital is valid and enforceable.
j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j
•
D. j
, Since the coming into operation of the Consumer Protection Act 68 of 2008, an indemnity clause purporting
j j j j j j j j j j j j j j j j j
to exempt a hospital (service provider) from liability for any loss attributable to gross negligence on its part
j j j j j j j j j j j j j j j j j j
is void to the extent that it contravenes the provisions of the Act.
j j j j j j j j j j j j
Feedback: j
See 4.1.2.3 of the study guide.
j j j j j j
The Consumer Protection Act answers the question that was left hanging in Afrox, namely whether an
j j j j j j j j j j j j j j j j j
indemnity clause could be applied to avoid liability for gross negligence. Section 51(1)(c) now provides that a
j j j j j j j j j j j j j j j j j
supplier must not make a transaction or agreement subject to any term or condition purporting to limit or
j j j j j j j j j j j j j j j j j j
exempt a supplier of goods or services from liability for any loss directly or indirectly attributable to the gross
j j j j j j j j j j j j j j j j j j j j
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
j j j j j j j j j j j j j j j j j j j j
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
3.0 Points j j
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia—
j j j j j j j j j j j j j
•
A. j
cannot, in law, be regarded as the cause of the patient‘s death.
j j j j j j j j j j j
•
B. j
can be executed lawfully only if the patient is already brain dead.
j j j j j j j j j j j
•
C. j
would be lawful if it gives effect to the deceased‘s wishes as expressed in a living will.
j j j j j j j j j j j j j j j j
•
D. j
might be lawful if the person whose death is in question enjoys a very poor quality of
j j j j j j j j j j j j j j j j j
life.
Feedback: j
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia might be lawful if the person whose
j j j j j j j j j j j j j j j j j j j j
death is in question enjoys a very poor quality of life. See 6.2.3.2 of the study guide. The court stated as
j j j j j j j j j j j j j j j j j j j j j j
follows: ―The decision whether the discontinuance of the artificial nutritioning of the patient and his
j j j j j j j j j j j j j j j
resultant death would be wrongful, depends on whether, judged by the boni mores of our society, it would be
j j j j j j j j j j j j j j j j j j j
reasonable to discontinue such nutritioning. This decision relates to the quality of life that the patient still
j j j j j j j j j j j j j j j j j
enjoys.‖
Question 4 of 40 j j j j
3.0 Points j j
In S v Hartmann 1975 (3) SA 532 (C) a medical practitioner took the life of his father who had been
j j j j j j j j j j j j j j j j j j j j j
suffering severely. This was an instance of— j j j j j j j
•
A. j
active euthanasia on request of the patient, resulting in an acquittal on the charge of murder.
j j j j j j j j j j j j j j j
•
B. j
active euthanasia resulting in a conviction of culpable homicide.
j j j j j j j j
Study Questions, Answers & Prep
Guide
, MEDICAL LAW
EXAMINATION
PREPARATION SEMESTER 1
, Question 1 of 40 j j j j
3.0 Points j j
The ombudsman appointed by the Health Professions Council of South Africa must inter alia—
j j j j j j j j j j j j j j
•
A. j
mediate in the case of minor transgressions referred to him or her for mediation with a view to
j j j j j j j j j j j j j j j j j
resolving such matters. j j
Feedback: j
It is indeed one of the functions of the ombudsman to mediate in the case of minor transgressions
j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j
referred to him or her for mediation with a view to resolving such matters. See the study guide 3.8.3.
j j j j j j j j j j j j j j j j j j j
•
B. j
arbitrate in the case of minor transgressions referred to him or her for arbitration with a view to resolving
j j j j j j j j j j j j j j j j j j j
such matters. j
•
C. j
investigate all complaints of unprofessional conduct by a registered medical practitioner. j j j j j j j j j j
•
D. j
peruse and analyse all complaints received, categorise them according to their significance and seriousness,
j j j j j j j j j j j j j j
and record each complaint against the name of the respondent concerned as it appears in the register.
j j j j j j j j j j j j j j j j j
Question 2 of 40 j j j j
3.0 Points j j
The most important judgment on indemnity clauses in hospital admissions forms is Afrox Healthcare Bpk v
j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j
Strydom 2002 (6) SA 21 (SCA). The Consumer Protection Act 68 of 2008 came into force some time after the Afrox
j j j j j j j j j j j j j j j j j j j j j
case. The provisions of this Act changed the legal position to some extent.
j j j j j j j j j j j j j
Which one of the following statements is correct?
j j j j j j j j
•
A. j
It is still unnecessary for a hospital (service provider) to draw the patient‘s (consumer‘s) attention to an
j j j j j j j j j j j j j j j j j
indemnity clause contained in a hospital admissions form. j j j j j j j
•
B. j
Since the coming into operation of the Consumer Protection Act 68 of 2008, an indemnity clause contained
j j j j j j j j j j j j j j j j j
in a hospital admission form is always null and void and unenforceable.
j j j j j j j j j j j
•
C. j
It is still uncertain whether an indemnity clause purporting to exempt a hospital (service provider) from liability for
j j j j j j j j j j j j j j j j j j j j j j j j
any loss attributable to the gross negligence of the hospital is valid and enforceable.
j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j
•
D. j
, Since the coming into operation of the Consumer Protection Act 68 of 2008, an indemnity clause purporting
j j j j j j j j j j j j j j j j j
to exempt a hospital (service provider) from liability for any loss attributable to gross negligence on its part
j j j j j j j j j j j j j j j j j j
is void to the extent that it contravenes the provisions of the Act.
j j j j j j j j j j j j
Feedback: j
See 4.1.2.3 of the study guide.
j j j j j j
The Consumer Protection Act answers the question that was left hanging in Afrox, namely whether an
j j j j j j j j j j j j j j j j j
indemnity clause could be applied to avoid liability for gross negligence. Section 51(1)(c) now provides that a
j j j j j j j j j j j j j j j j j
supplier must not make a transaction or agreement subject to any term or condition purporting to limit or
j j j j j j j j j j j j j j j j j j
exempt a supplier of goods or services from liability for any loss directly or indirectly attributable to the gross
j j j j j j j j j j j j j j j j j j j j
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
j j j j j j j j j j j j j j j j j j j j
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
3.0 Points j j
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia—
j j j j j j j j j j j j j
•
A. j
cannot, in law, be regarded as the cause of the patient‘s death.
j j j j j j j j j j j
•
B. j
can be executed lawfully only if the patient is already brain dead.
j j j j j j j j j j j
•
C. j
would be lawful if it gives effect to the deceased‘s wishes as expressed in a living will.
j j j j j j j j j j j j j j j j
•
D. j
might be lawful if the person whose death is in question enjoys a very poor quality of
j j j j j j j j j j j j j j j j j
life.
Feedback: j
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia might be lawful if the person whose
j j j j j j j j j j j j j j j j j j j j
death is in question enjoys a very poor quality of life. See 6.2.3.2 of the study guide. The court stated as
j j j j j j j j j j j j j j j j j j j j j j
follows: ―The decision whether the discontinuance of the artificial nutritioning of the patient and his
j j j j j j j j j j j j j j j
resultant death would be wrongful, depends on whether, judged by the boni mores of our society, it would be
j j j j j j j j j j j j j j j j j j j
reasonable to discontinue such nutritioning. This decision relates to the quality of life that the patient still
j j j j j j j j j j j j j j j j j
enjoys.‖
Question 4 of 40 j j j j
3.0 Points j j
In S v Hartmann 1975 (3) SA 532 (C) a medical practitioner took the life of his father who had been
j j j j j j j j j j j j j j j j j j j j j
suffering severely. This was an instance of— j j j j j j j
•
A. j
active euthanasia on request of the patient, resulting in an acquittal on the charge of murder.
j j j j j j j j j j j j j j j
•
B. j
active euthanasia resulting in a conviction of culpable homicide.
j j j j j j j j
