Posted on / by VZLR / in Medical Negligence

What is Informed Consent?

In South African law a medical practitioner has a duty to disclose a material risk of a planned procedure to the patient.

In South African law a medical practitioner has a duty to disclose a material risk of a planned procedure to the patient.

For the consent to the planned procedure to constitute a justification that excludes the wrongfulness of the medical treatment and its consequences, the

Tmedical practitioner is obliged to warn a patient so consenting of a material risk inherent in the proposed treatment. A risk is regarded as being material if in the circumstances of the particular case:

  • a. A reasonable person in the patients position, if warned of the risk, would be likely to attach significance to it, or
  • b. The medical practitioner is or should reasonable be aware that the particular patient, if warned of the risk, would be likely to attach significance to it.

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