LCR4802 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

Well-structured LCR4802 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... Question 1 Complete Marked out of 10.00 QUIZ Which of the following could justify the disclosure of information regarding a patient's treatment in a hospital in terms of the provisions of theNational Health Act 61 of 2003? Select one or more: a. The patient's written consent b. A statutory provision requiring disclosure c. A court order d. The patient's oral consent e. A serious threat to public health Question 2 Complete Marked out of 10.00 Question 3 Complete Marked out of 10.00 A preliminary committee of inquiry has certain powers. Which of the following is/are among the powers given to a preliminary committee ofinquiry in terms of the law? Select one or more: a. The power to make a fi nding after due consideration of the complaint, any further information which had been obtained, and therespondent's explanation, that the respondent acted unprofessionally, but the conduct in question is found to constitute only a minortransgression b. The power to mediate in the case of minor transgressions with a view to resolving such matters c. The power to consider a complaint against a person registered in the register of the professional board concerned in order to make adetermination on the appropriate manner of dealing with such a complaint d. The power to direct the registrar to issue a notice in writing to the respondent, instructing the respondent to appear in person withhis/her legal representative, if any, before the preliminary committee of inquiry at its next meeting to inquire why he or she did notrespond to the council correspondence and to give his or her response to the complaint or exercise his or her right to remain silent e. The power to make a fi nding after due consideration of the complaint, any further information which had been obtained, and therespondent's explanation, that there are no grounds for taking further action on the matter f. The power to issue a warning or reprimand to a respondent, or to impose a prescribed fi ne on a respondent for being in contempt ofthe HPCSA after failing to respond to council correspondence g. The power to, after due consideration of the respondent’s explanation of why he/she failed to respond to the council correspondence,fi nd that the respondent is in contempt of the HPCSA h. The power to make a determination on the appropriate management of the respondent’s poor performance and to give directives tobe adhered to by the respondent to improve on his or her performance i. The power to make a fi nding after due consideration of the complaint, any further information which had been obtained, and therespondent's explanation, that there are grounds for a professional conduct inquiry into the conduct of the respondent Romeo and Juliet are both 17 years old and are engaged to be married. Juliet experiences a major depressive episode for which she isprescribed antidepressant drugs. Before the drugs could have a signifi cant therapeutic effect, Juliet attempts to kill herself by jumping from abridge. She survives the attempted suicide and is rushed to hospital, where she is admitted in a very serious condition, although the exactextent of her injuries are not yet fully understood. It is clear that Juliet broke her neck and will have no control over her lower body. Romeo wants to have a child by Juliet and is afraid that he might never have that opportunity if she passes away. He considers in vitro fertilisation and reproductive cloning. Which of the following statements is/are correct? Select one or more: a. Ministerial authorisation is required for the removal of egg cells from Juliet because she suffers from depression. b. The Regulations promulgated by the Minister of Health in terms of the National Health Act 61 of 2003 (published in GN R175,GG35099 of 2 March 2012) do not make provision for the removal of egg cells from a dead person. c. If Juliet were to consent to the use of her egg cells for the purposes of reproductive cloning upon her death, her consent, even if givenin the proper format, will be invalid as it will be regarded as contra bonos mores . d. Juliet is in principle too young to donate egg cells. Question 4 Complete Marked out of 10.00 Question 5 Complete Marked out of 10.00 Therapeutic privilege entails— Select one: a. that a doctor has a licence to treat a patient in accordance with the dictates of accepted medical practice. b. a doctor’s freedom to decide which form of treatment to administer to a patient purely on the basis of his/her superior medicalknowledge. c. the withholding of information from a patient, which information would normally have had to be disclosed in order to comply with thedoctrine of informed consent in circumstances where disclosure would not be in the patient’s best interests. d. the withholding of information from a patient where proper disclosure is likely to result in the patient’s refusal to consent totreatment. Match the description that best captures the essence of the following cases. JohannesburgCountry Clubv Stott 2004(5) SA 511(SCA) Administratorof Natal vEdouard 1990(3) SA 581(A) Stewart vBotha 2008(6) SA 310(SCA) Friedman vGlicksman 1996 (1) SA1134 (W) ChristianLawyersAssociationof SA vMinister ofHealth 1998(4) SA 1113(T) Mukheiber vRaath 1999(3) SA 1065(SCA) Case acknowledging that an indemnity clause purporting to exclude liability for negligently causing the death of a breadwinner may arguab Case where a claim for wrongful pregnancy succeeded because of a misrepresentation that a sterilisation had been performed Case that provides the highest authority for rejection of the action for wrongful life on the basis that it violates the sanctity of human life First case in which a claim for wrongful birth was upheld in South Africa Case that held that the Choice on Termination of Pregnancy Act 92 of 1996 was not in confl ict with the constitutional right to life Case where a claim for wrongful pregnancy succeeded because of a failure to perform a sterilisation Question 6 Complete Marked out of 10.00 Question 7 Complete Marked out of 10.00 Question 8 Complete Marked out of 10.00 Section 11 of the Constitution provides that everyone has the right to life. In Christian Lawyers Association of SA v Minister of Health 1998 (4)SA 113 (T) the court ruled that the Choice on Termination of Pregnancy Act 92 of 1996 was NOT in confl ict with section 11, because— Select one: a. the foetus is merely a part of the woman’s body and has no status of its own. b. infringement of the foetus’ right to life is justifi ed under section 36 of the Constitution. c. the word “everyone” in section 11 does not include a foetus. d. section 12(2)(a) provides that everyone has the right to make decisions regarding reproduction. The doctor’s duty of confi dentiality and the patient’s right to privacy were considered in a case that eventually went to the Supreme Court ofAppeal, namely Jansen van Vuuren NNO v Kruger 1993 (4) SA 842 (A). This judgment confi rmed that— Select one: a. the patient’s right to privacy was infringed in casu by way of intrusion on the patient’s private sphere. b. a doctor would be justifi ed to reveal a patient’s HIV status where the doctor’s duty to society is of greater weight than his/her duty tothe patient. c. the disclosure of the patient’s HIV status to the dentist was justifi ed in the particular circumstances of the case since it would ensurethat the dentist would be protected against HIV infection and the patient would receive appropriate treatment. d. ethical viewpoints of a professional body will not be taken into consideration by our courts in a civil action for breach of privacy. Match the following cases with the descriptions. S v Hartman n 1975 (3)SA 532 (C) Rv Dawidow (unreported;concise report by VanDyk HP to be found in1956 THRHR 286) Clarke v Hurst NO 1992(4) SA 630 (D) S v De Bellocq 1975 (3)SA 538 (T) A case of voluntary active euthanasia resulting in a conviction of murder and the imposition of a term of imprisonment of one yea A case of involuntary active euthanasia resulting in a conviction of murder without any sentencing being imposed. Confi rmed that the discontinuance of the artifi cial nutritioning of the patient would not in law be the cause of the patient’s death i A case of voluntary active euthanasia resulting in a conviction of murder without any sentencing being imposed. Question 9 Complete Marked out of 10.00 Question 10 Complete Marked out of 10.00 In order to be legally valid, consent to a medical intervention must-- Select one or more: a. be contra bonos mores. b. be clear and unambiguous. c. be given voluntarily. d. be in the proper form, i.e., in writing. e. be comprehensive Drag and drop the correct text options from the answer bank into the relevant places in the question text. (Note that not all the options in theanswer bank need to be used. You must complete the defi nition by selecting the phrases that belong in the open spaces.) Suppose Dr Lazarus, a neurosurgeon, performs brain surgery on Ms Pecan. Dr Lazarus drops an instrument in Ms Pecan’s brain and she diesas a result thereof. Dr Lazarus is negligent in respect of the death of Ms Pecan if the reasonable neurosurgeon would have foreseen the possibility that his or her conduct could lead to Ms Pecan's death , and the reasonable neurosurgeon would have taken steps to prevent the patient’s death, but Dr Lazarus failed to take such steps.