A review of knowledge as an integral prerequisite of informed and legal consent

This study explores the doctrine of informed consent and its application in South African medical law. The advent of the Constitution of the Republic of South Africa, 1996, introduced democracy and human rights, specifically the rights to human dignity, privacy, and freedom and security of the person, amongst others. As a result of a recognition of these rights, together with corresponding changes in the doctorpatient relationship which increasingly leans towards the patient as a consumer of medical services, consent has become a significant part of the doctor-patient relationship. It is unequivocally stated in South African legislation that consent is a prerequisite for the provision of health care services; however, the application of this is not clear, specifically the extent of the disclosure of information that is needed and the duty placed on the doctor to provide information. The study, therefore, explores relevant authority concerning informed consent and the standards of disclosure in South African law and reviews, in particular court precedent on knowledge as a prerequisite to lawful consent. The study aims to discuss the question whether consent can ever be fully informed, and if the foregoing is possible, whether this is possible in a South African context.

Grantor dc:publisher

University of Pretoria

Year dc:date.issued

2018

Advisor dc:contributor.advisor

• Nienaber, A.G. (Annelize Gertruida)

• UCTD

Statement dc:rights

• © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Language dc:language.iso

en

Dc Identifier Other

A2019

OAI identifier oai:identifier

oai:repository.up.ac.za:2263/69901