Exam (elaborations) LCR4802 - Medical Law (LCR4802)

+27 680 77 9615

280 Oak Avenue, Randburg, Johannesburg, ZA

, +27 680 77 9615

280 Oak Avenue, Randburg, Johannesburg, ZA

LCR4802 (Medical Law)

Assessment 1/Semester 1 of 2023

Question 1


1. Who must consent to the appendicectomy in terms of the relevant

legislation?(8)

In South Africa, the Children's 38 of 2005 governs issues related to children's

health care, including consent to medical treatment.1According to the Act, a

child who is 12 years or older is presumed to have the necessary maturity and

capacity to consent to his or her own medical treatment, provided that the

treatment is not of a significant risk or involve major surgery.



However, in cases where the child is not capable of understanding the nature,

risks, and implications of the treatment, or where the treatment poses

significant risks, the consent of a parent, guardian, or caregiver is required.



In the case of Sipho, who is 12 years old and needs an appendicectomy, it is

likely that he will be considered capable of consenting to his own treatment.

However, if he is not capable of understanding the nature and risks of the

surgery, the consent of his guardian will be required.

In terms of the South African Children's Act, 2005, a person who has parental

responsibilities and rights in respect of a child may consent to any medical or



1
See the Children’s Act 38 of 2005.