Without Prejudice – Informed consent and the responsibility of healthcare practitioners – medical law

Without Prejudice – Informed consent and the responsibility of healthcare practitioners – medical law
Hickley Hamman
Without Prejudice June 2019; 19(5) pp 32 – 34
Abstract 
The Supreme Court of Appeal was recently called upon to adjudicate an appeal relating to a claim based on an alleged failure to obtain informed consent for a medical procedure. In the case of Beukes v Smith (211/2018) [2019] ZASCA 48 the appellant appealed against an order dismissing her claim because she had failed to establish the basis for liability against the respondent. She alleged that the respondent failed to inform her of the full range of treatment options available to her for the treatment of a hernia, that he unilaterally decided to perform a laparoscopic hernia repair, and that this resulted in her sustaining a perforation of her bowel.

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