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Medical malpractice claims in South Africa: opening the door for compensation in kind

South Africa - May 6 2021 We have recently seen a rise in medical malpractice claims in South Africa, where the State has called for the development of common law, namely to…

Hickley Hamman, Thandi Mawasha.

Has the South African SCA imported the res ipsa loquitur maxim into medical negligence cases?

South Africa - July 28 2020 This recent Supreme Court of Appeal judgment finds negligence on the part of a surgeon even in the absence of direct evidence about what conduct…

Healthcare practitioner's duties to report domestic violence in South Africa

South Africa - July 20 2020 With the rise of incidents of gender-based violence in South Africa, a situation which has been exacerbated by the global pandemic, healthcare…

André Ferreira, Raizel Davidow.

The net that is vicarious liability widens? Stallion Security (Pty) Ltd v Van Staden

South Africa - October 8 2019 This case addresses whether employers can be held liable vicariously for harm caused by their employees even when they are engaged on endeavours of…

Pamella Mduba.

Right of Access: Disclosing Clinical Information without Patient Consent in South Africa

South Africa - July 4 2019 During May 2019, the Health Professions Council of South Africa ("HPCSA") released a "guide" to address the pressure that medical practitioners…

Tarryn Venter.