Medical Law in South Africa
Our South African Constitution was created as the legal foundation for our beautiful country. Within the Constitution it stipulates the rights and duties of all citizens of South Africa, and those who do not uphold it are thus liable for prosecution as they are breaking the law that both guide and protect us. There are many chapters and schedules that forms part of the current Constitution which includes medical law. Conforming to each person’s right to human dignity, equality and freedom, these laws also applies in the cases where patients receive medical treatment, in both the public and private sectors, as it is the Government’s obligation to protect the life of its citizens. Therefore every single person has the right to receive medical treatment.
Some examples of medical law includes that of section 27 (3) of the Constitution where it states that no individual may be denied urgent medical care in either the private or public sector. This means that if you were for instance in an accident and required critical medical attention right away you have the right to go to the nearest hospital for treatment, no matter if you have medical aid or not, until you have been stabilised. If, for whatever reason, you have been denied medical care it will give you the right as South African citizen to seek recourse against the medical professional/s or institute who denied you treatment.
Another example of an all too familiar medical law is that of a patient’s right to privacy. According to the terms of section 14 of the Constitution you as a patient need to give your consent before any of your medical records may be disclosed. In addition it will also be required that you give your consent before any examination may take place as this falls within the ambit of section 14.
Medical law in general is considered to be very intricate and as a result both patients and medical professionals seek the assistance of specialised medical attorneys. If you require more information with regards to the medical laws of South Africa or need the help of a dedicated and specialised medical attorney be sure to contact Adele van der Walt Attorneys Inc. today as we practice exclusively in this area of expertise.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
