Exam (elaborations)
LCR4803 Exam pack 2024(Questions and answers)
- Course
- LCR4803
- Institution
- University Of South Africa
LCR4803 Exam pack 2024(Questions and answers) With accurate answers and assurance that they are in the exam.
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LCR4803 EXAM PACK2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
, lOMoARcPSD|44660598
Q u e s tio n 1
In Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) the
Constitutional Court
intimated that the appellant’s application to receive dialysis at a state hospital
had to be considered in terms
of the provisions of the Constitution dealing with the right to ...
(1) emergency medical treatment.
(2) have access to health services.
(3) emergency medical treatment, and the state’s duty to take reasonable
legislative and other measures,
within its available resources, to achieve progressive realisation of this right.
(4) have access to health services, and the state’s duty to take reasonable
legislative and other measures,
within its available resources, to achieve progressive realisation of this right.
Q u e s tio n 2
Section 28(1)(c) of the Constitution provides that every child has the right to
basic health-care services,
while section 28(1)(b) provides that every child has the right to family care or
parental care, or to
appropriate alternative care when removed from the family environment.
According to the Constitutional
Court ...
(1) the state must provide basic health-care services free of charge to all
children.
(2) section 28(1)(b) is irrelevant when considering the question whether a child
has the right to claim
basic health-care services from the state.
(3) section 28(1)(c) places the duty to provide in the basic health-care services
of a child primarily on the
state.
(4) the state must ensure that a child receives basic health-care services if the
parents are unable to do so.
Q u e s tio n 3
In the absence of an express agreement, the contract between doctor and
patient usually entails the following implied term:
(1) The doctor will personally treat the patient if he/she diagnoses the patient’s
ailment.
, lOMoARcPSD|44660598
(2) The doctor is entitled to claim a reasonable professional fee from the
patient.
(3) The patient will be cured of his disease.
(4) The doctor will treat the patient with the highest degree of professional skill,
competence, care and judgment.
Q u e s tio n 4
The following clause is contained in a hospital’s admission form:
This clause ...
(1) is valid and enforceable in its entirety in terms of current legislation.
(2) is, in terms of our common law, unenforceable in its entirety, unless the
party who relies on it can
prove that it is not against the public interest.
(3) must, in terms of a judgment by the Supreme Court of Appeal, be pointed
out to the patient prior to his
signing it in order to be binding upon him.
(4) will possibly be invalid and unenforceable where there is evidence that the
hospital was in an
extremely unequal bargaining position which had the effect that the patient
accepted a clause that was
extremely adverse towards her as consumer.
Q u e s tio n 5
Which one of the following D O E S N O T F IT (in other words, is IN C O R R E C )T?
To a greater or lesser
extent, recognition is given to therapeutic privilege in ...
(1) our case law.
(2) the Children’s Act 38 of 2005.
(3) the Mental Health Care Act 17 of 2002.
(4) the National Health Act 61 of 2003.
Q u e s tio n 6
The law does N O T set A N Y requirement in respect of maturity for a
12-year-old to be able to give valid
consent to ...
(1) medical treatment of his/her own child.
Downloaded by Gabriel Musyoka (gabumusyoka928@gmail.com)
, lOMoARcPSD|44660598
(2) an operation.
(3) an HIV test.
(4) an abortion.
Q u e s tio n 7
In which one of the following cases is the consent of the person or persons
mentioned therein sufficient for a
lawful intervention on the child involved?
(1) A 17-year-old who is of sufficient maturity and has the mental capacity to
understand the benefits,
risks, social and other implications of the intervention, consents to the surgical
excision of his tonsils.
(2) The guardian of a 13-year-old who is of sufficient maturity and has the
mental capacity to understand
the benefits, risks, social and other implications of the intervention, consents to
the surgical excision
of the boy’s tonsils.
(3) A 12-year-old who is not of sufficient maturity to understand the benefits,
risks, social and other
implications of the intervention, and her foster parent, consent to the surgical
removal of the girl’s
tonsils.
(4) The foster parent of an 11-year-old child consents to the medical treatment
of the child’s tonsillitis.
Q u e s tio n 8
In terms of the judgment in Castell v De Greef 1994 (4) SA 408 (C) a doctor
must indeed inform a patient of
a risk that the...
(1) reasonable doctor in the patient’s position would be likely to attach
significance to.
(2) reasonable person in the patient’s position, if warned thereof, would not be
likely to attach
significance to, but that the doctor knows the specific patient, if warned thereof,
would be likely to
attach significance to.
(3) specific patient in the position of the reasonable patient, if informed thereof,
would be likely to attach
significance to.
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