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LCR4802 2nd SEM Revision Online Assessment 2019 MEMO Highlighted
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Exam Preparation Memo 2019, valid for 2020, 2021, 2022, 2023
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University Medical Law and Ethics Lecture Notes
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Law and Medicine - Seminar 1: Assisted Reproduction
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7/3/2020 myModules : LCR4802-19-S2 : Online AssessmentmyModules
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LCR4802-19-S2 / Online Assessment
Online Assessment
Online Assessment
Revision, 2nd semester 2019
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Part 1 of 1 - 90.0 Points
Question 1 of 30
3.0 Points
As a general rule no formal requirements are set for consent, but legislation and regulations sometimes
require consent to be written.
Which of the following interventions may be performed WITHOUT WRITTEN consent?
A. Termination of pregnancy
B. Surgery on an adult
Feedback:
Correct. As a general rule no formal requirements are set for consent. Consent may be express, in other words,
oral or in written form, but is mostly rather implied by the patient’s behaviour. In Stoffberg v Elliot 1923 CPD 148
Watermeyer J set express consent for surgery as a requirement, but this supposition cannot be upheld. Although
written consent would later facilitate proof of conduct, and is highly recommended in the case of serious
interventions, it would be impractical for a doctor to obtain written consent from the patient before every treatment.
Implied/tacit consent is the rule rather than the exception, and is effected by a request that a specific treatment or
operation be applied or performed, or merely by tacitly submitting to the treatment. See 5.2.2.2 of the study guide.
C. Sterilisation
D. The removal of gametes from a living person for the purposes of artificial fertilisation
Question 2 of 30
3.0 Points
Culpable homicide is the unlawful and negligent causing of the death of another human being. A surgeon is
negligent in respect of the death of a patient if—
A. the reasonable surgeon would have foreseen the possibility that his or her conduct could cause the patient
harm, and would have taken steps to prevent such harm but the surgeon concerned failed to take such steps.
B. the surgeon foresaw the possibility that his or her conduct could lead to the patient’s death, and reconciled
himself/herself to such possibility.
C. the reasonable surgeon would have foreseen the possibility that his or her conduct could lead to the
patient’s death, and would have taken steps to prevent the patient’s death but the surgeon concerned failed to
take such steps.
Feedback:
Remember two things: (1) Since we are dealing with an expert, the criterion to determine negligence is that of the
reasonable expert belonging tot the same branch of the profession as the accused. In this case the reasonable
expert is the reasonable surgeon. (2) The harmful consequence in this instance is the patient’s death. Therefore, it
has to be determined whether the reasonable surgeon would have foreseen that his or her conduct could lead to
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, 7/3/2020 myModules : LCR4802-19-S2 : Online Assessment
the patient’s death. See 9.5.2 of the study guide, and study the definition of negligence in respect of the death of
a patient.
D. the reasonable person would have foreseen the possibility that his or her conduct could lead to the
patient’s death, and would have taken steps to prevent the patient’s death but the surgeon concerned failed to
take such steps.
Question 3 of 30
3.0 Points
The Health Professions Act 56 of 1974 provides in section 20(1) that any person who is aggrieved by any
decision of the HPCSA, a professional board or a disciplinary appeal committee, may appeal to the appropriate High
Court against such decision. Which statement is correct?
A. Whenever an appeal is lodged against the penalty imposed, the High Court must impose a penalty that the
court deems appropriate.
B. A practitioner who has been found guilty of unprofessional conduct by a disciplinary committee may appeal
to the High Court against the procedure followed by the disciplinary committee.
C. If a practitioner decides to appeal against a professional conduct committee’s decision to an ad hoc appeal
committee, such committee has the final say in the matter, and the practitioner may not appeal to the High Court
against the appeal committee’s decision.
D. The High Court may not hear new evidence on the merits of the case in the course of the appeal
proceedings.
Feedback:
An appeal to the High Court is an appeal in the normal sense of the word. This means that the court re-hears the
matter on the merits of the case. No new evidence is presented, and the court only considers the evidence upon
which the decision under appeal was made. See the study guide 3.8.9.
Question 4 of 30
In the absence of an express agreement, the contract between doctor and patient usually entails the 3.0 Points
following implied term:
A. The doctor will treat the patient with the highest degree of professional skill, competence, care and
judgement.
B. The patient will be cured of his/her disease.
C. The doctor will personally treat the patient if he/she diagnoses the patient’s ailment.
D. The doctor is entitled to claim a reasonable professional fee from the patient.
Feedback:
It is normally (in the absence of an express agreement) an implied term of the contract between doctor and patient
that the doctor is entitled to claim a reasonable professional fee from the patient. The flip side of the coin is that
the patient undertakes to pay a reasonable professional fee to the provider of the services rendered. See 4.1.1.4
and 4.1.3 of the study guide.
Question 5 of 30
3.0 Points
The general criterion for negligence is that of the reasonable person.
Which of the following statements is correct?
A. A higher degree of negligence is required for a conviction of culpable homicide than is required for delictual
liability.
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