Accountability after Informed Consent

Question 1

What does the National Health Act of 61 in Section 6 stipulate

Answer 1

(1) Every doctor must inform a “user” (read patient) of –
a) the patient’s health status (except in circumstances where there is substantial evidence that the disclosure of the patient’s health status would be contrary to the best interests of the patient);
b) the range of diagnostic procedures and treatment options generally available to the patient;
c) the benefits, risks, costs and consequences generally associated with each option; and
d) the patient’s right to refuse health services and explain the implications, risks, obligations of such refusal.

Question 2

What does Section 7 of the Act Stipulate, Subsection 1

Answer 2

(1) A health service may not be provided to a patient without the patient’s informed consent, unless-
(a) The patient is unable to give informed consent and such consent is given by a person –
(i) mandated by the patient in writing to grant consent on his or her behalf; or
(ii) authorised to give such consent in terms of any law or court order;

(b) The patient is unable to give informed consent and no person is mandated or authorised to give such consent, and the consent is given by the spouse
or partner of the patient or, in the absence of such spouse or partner, a parent, grandparent, an adult child or a brother or a sister of the patient, in the specific order as listed.

(c) the provision of a health service without informed consent is authorised in terms of any law or a court order;
(d) failure to treat the patient or group of people which includes the patient, will result in a serious risk to public health; or

(e) any delay in the provision of the health service to the patient might result in his or her death or irreversible damage to his or her health and the patient
has not expressly, impliedly or by conduct refused that service.

Question 3

Section 7,Subsection 2 of NHA Stipulates

Answer 3

2) A “health care provider” (a person providing health services in terms of any law, including in terms of the Allied Health Professions Act 63 of 1982, the Health
Professions Act 56 of 1974, the Nursing Act 50 of 1978, the Pharmacy Act 53 of 1974, and the Dental Technicians Act 19 of 1979) must take all reasonable
steps to obtain the patient’s informed consent.

Question 4

Section 7,Subsection 3 of the NHA Stipulates

Answer 4

3) For the purposes of this section “informed consent” means consent for the provision of a specified health service given by a person with legal capacity to
do so and who has been informed as contemplated in section 6

Question 5

What does the Act prescribe in Section 1

Answer 5

It prescribes that if a “user” is below the age
contemplated in Section 39(3) of the Child Care Act 74/1983, “user” includes the person’s parent or guardian or another person authorized by law to act on the user’s behalf.

Question 6

The Children’s Act 38/2005, indicates in Section 129(3) that a child can consent to:

Answer 6

1. Medical Treatment

2. Surgical Operations

Question 7

Requirements of Consent for Medical Treatment

Answer 7

The child is 12 years and older

The child is of sufficient maturity and mental capacity to understand the benefits, risks, social and other implications of the treatment

Question 8

Requirements of Consent for Surgical Operation

Answer 8

The child is 12 years and older

The child is of sufficient maturity and mental capacity to understand the benefits, risks, social and other implications of the surgical operation

The child is duly assisted by his or her parent or guardian