Medical Law Flashcards
Types of decision doctors make
Legal
Ethical
Moral
Legal decision
Decision where doctor has no choice because the law had intervened
What does section 12(2) states?
It protects everyone’s right to protection of their bodily and psychological integrity by allow any person to make their own decisions about reproduction
What are ethical decisions?
Decisions law leave to the doctors to regulate
If a doctor does not conform,action with professional consequences will be taken
What are moral Decision?
Decision which is entirely uninhibited by anything other than conscience of the individual doctor
Branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient
Medical law
Area of law concerned with the health of individuals and populations, the provision of health care and the operation of the health care system
Health law
Difference between law and ethics?
Law is formal,written document and it us interpreted by courts
Ethics are unwritten principles and interpreted by each individual
Chapter 2?
Known as the Bull of rights which enumerates the civil,political,economic, social and culture human rights of the people of SA
What does section 9 of chapter 2 states?
Everyone is equal before the law and has right to equal protection and the benefit of the law
What’s the difference between section 10 and 11?
Section 10 is right to human dignity
Section 11 is right to life
What’s the difference between section 12 and 13?
Section 12- right to freedom and security of the person including protection
Section 13 is freedom.from slavery or forced labour
What the difference between section 15 and 16
Section 15 is freedom of thought and freedom of religion
Section 16 is freedom of speech and expression including of the press and academic freedom
What does section 14 states?
Right to privacy
Difference between section 29 and 30
Section 29 is right to education
Section 30 is right to use the language of one’s choice
Difference between section 31 and 32?
Section 31 is right to cultural,religious or linguistic communities to enjoy
Section 32 is right to access to information
Difference between section 33 and 34?
Section 33- right to justice
Section 34-right of access to the courts
Difference between section 36 and 37?
Section 37 allow rights listed to be limited only by laws of general application and only to the extent that the restriction is reasonable and justifiable
Section 37 allows certain rights to be limited during a state if emergency but places strict procedural limits on the declaration of states of emergency
Provides a framework for a structure uniform health system within SA, taking into account the obligations imposed by constitution…
The national health act
What is chapter 2 about?
Rights and duties of users and health care personnel
What is chapter 8 about?
Control of use of blood,blood products,tissue and gametes in humans
What is chapter 9 about?
National health research and information
To provide for REGISTRATION of Medicines and related substances intended for human and for animal use,to provide for the establishment of a Medicines Control council…..
Medicines and Related substances Act
Provides for care,treatment and rehabilitation of persons who are mentally ill
Mental health care Act
What is chapter III about?
Right-hand duties relating to mental healthcare users
What is chapter V about?
Voluntary,assisted and involuntary mental health care
What does chapter VI mean?
It’s about a state patient
(someone detained under restriction order having been deemed by a high court as suffering from mental disorder
Chapter VII is about?
Mentally ill prisoner
What is chapter VII about?
Care and administration of property of mentally ill person(s) with severe or profound intellectual disability
Provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plane and machinery
Occupational health and safety Act
The aim of this act is to establish the Health profession Council of South Africa and professional boards
Health Professions Act
Gives effects to certain rights of children as contained in the constitution; to as out principles relating to the care and protection of children
Children’s Act
What does part 3 of chapter 7 focus on?
Protective measures relating to health of children
What does chapter 19 focus on?
Surrogate motherhood
Difference between legal compliance and ethical responsibility?
Legal compliance involved following the law and ethical responsibility involves doing what is Right, sometimes even regardless of the law
No one may be refused emergency medical treatment
Section 27(3)
4 elements needed to prove battery
Intent
Contact
Harm
Damages
The legal term for harmful or offensive touching without permission is called?
Battery
