LCR4802 EXAM
PACK 2023
, MEDICAL LAW
EXAMINATION PREPARATION
SEMESTER 1 – MAY/JUNE 2023
, Question 1 of 40
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.
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.
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.
•
D.
might be lawful if the person whose death is in question enjoys a very poor quality of
life.
Feedback:
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia might be lawful if the
person whose death is in question enjoys a very poor quality of life. See 6.2.3.2 of the study
guide. The court stated as follows: ―The decision whether the discontinuance of the artificial
nutritioning of the patient and his resultant death would be wrongful, depends on whether, judged
by the boni mores of our society, it would be reasonable to discontinue such nutritioning. This
decision relates to the quality of life that the patient still enjoys. ‖
Question 4 of 40
3.0 Points
In S v Hartmann 1975 (3) SA 532 (C) a medical practitioner took the life of his father who had
been suffering severely. This was an instance of—
•
A.
active euthanasia on request of the patient, resulting in an acquittal on the charge of murder.
•
B.
active euthanasia resulting in a conviction of culpable homicide.
PACK 2023
, MEDICAL LAW
EXAMINATION PREPARATION
SEMESTER 1 – MAY/JUNE 2023
, Question 1 of 40
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.
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.
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.
•
D.
might be lawful if the person whose death is in question enjoys a very poor quality of
life.
Feedback:
Clarke v Hurst NO 1992 (4) SA 630 (D) confirms that passive euthanasia might be lawful if the
person whose death is in question enjoys a very poor quality of life. See 6.2.3.2 of the study
guide. The court stated as follows: ―The decision whether the discontinuance of the artificial
nutritioning of the patient and his resultant death would be wrongful, depends on whether, judged
by the boni mores of our society, it would be reasonable to discontinue such nutritioning. This
decision relates to the quality of life that the patient still enjoys. ‖
Question 4 of 40
3.0 Points
In S v Hartmann 1975 (3) SA 532 (C) a medical practitioner took the life of his father who had
been suffering severely. This was an instance of—
•
A.
active euthanasia on request of the patient, resulting in an acquittal on the charge of murder.
•
B.
active euthanasia resulting in a conviction of culpable homicide.
