Medical Law
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The role of the minimally invasive forensic autopsy in South Africa: a legal perspective.
(2021)The purpose of the study is to provide a legal perspective on the role of the minimally invasive forensic autopsy in South Africa in light of the wide discretion conferred upon autopsy practitioners by the Inquests Act ... -
An Afrocentric approach to CRISPR-Cas9: analysing the use of genetic technologies in human reproduction through the lens of human rights and African values.
(2021)In the wake of the advent of genome editing technology CRISPR-Cas9, there has been global debate about the potential use of this technology on human gametes or embryos to create individuals with genetically modified ... -
The right to freedom of scientific research in the age of gene editing.
(2020)The right to freedom of scientific research is largely omitted, or merely given lip service, in legal and ethical arguments surrounding heritable human gene editing (HHGE) in the context of CRISPR-Cas9 technology. The ... -
Reopening the debate on medical malpractice claims in South Africa: examining the intersection between quality health professional training and bioethics.
(2020)Medical malpractice claims are a growing trend in South Africa that is crippling the Department of Health thus impacting on the provision of healthcare to the population. This dissertation revisits the hotly debated topic ... -
The rights and regulation of saviour siblings in South Africa: an ethical and jurisdictional comparative.
(2020)The creation of saviour siblings is contentious; therefore, the dissertation determines whether it is ethically justifiable to create saviour siblings and analyses the associated conflicting interests. It is crucial to do ... -
If donor-conceived children have a constitutional right to know their genetic origins, what protection is there for donors in terms of their constitutional right to privacy?
(2020)Increasingly, couples and individuals are turning to donor-conception as a means to conceive children. In South Africa, gamete donation is regulated by the National Health Act 61 of 2003, together with the Regulations ... -
Tackling obstetric violence in South Africa through legal reform: exploring an integrated rights-based approach.
(2020)Abstract available in PDF. -
The legal consequences of artificial insemination and embryo transplantation in humans.
(1982)No abstract provided. -
An investigation into critical legal issues surrounding dental botox.
(2020)An unnaturally expressionless, vapid face with skin that appears to be drawn way too tight, is often the image that flashes to mind when we hear the word “Botox”. Yet when done correctly, this aesthetic procedure guarantees ... -
The health, ethical and legal implications of non-adherence to treatment amongst patients infected with tuberculosis. (The HEAL study)
(2019)Despite global efforts to eradicate tuberculosis (TB), it remains a significant cause of morbidity and mortality. In South Africa, healthcare represents the fourth highest area of annual expenditure, however the prevalence ... -
Medical malpractice disputes in South Africa: the potential role of mediation as an alternate dispute resolution mechanism.
(2019)It is generally acknowledged that the progress of a nation is dependent on the health of its people. In South Africa, public health care services are compromised by the rapid escalation in medical malpractice cases and the ... -
Considerations for the legal recognition of advance directives: a comparative analysis.
(2019)An advance directive1 refers to a document drafted by a person in his2 full senses and who foresees that due to some physical or mental disease, he may fall into a state where he will no longer be able to make rational ... -
The oncology crisis in KZN during the period 2015–2017: do cervical cancer patients have a civil remedy?
(2019)Through our history, South African women have been a disadvantaged and vulnerable group in our society. Therefore, they still require the protection of their fundamental rights afforded by the Constitution. This dissertation ... -
Consent laws: sexual reproductive health rights for adolescents in South Africa.
(2019)No abstract available. -
Living and cadaveric organ donations: a comparative study of Islamic and South African law: consensus and divergence.
(2019)A practicing Muslim (adherent of the Islamic Faith), is unlikely to consent to organ donation, if it is not in keeping with the tenets of Islamic law (Sharī`ah), even though it may be in accordance with South African ... -
A conceptual analysis that non-disclosure of HIV/AIDS status before engaging in sexual conduct is fraud.
(2019)No abstract available. -
Soaring medical malpractice litigation in South Africa and its implications for the implementation of the proposed national health insurance scheme.
(2019)South Africa (SA) is a new democracy since 1994 with a new constitution that outlaws all forms of discrimination and affords equality to all men and women who live in it. The previous regime had entrenched discrimination ... -
Wrongful life : an analysis of recent legal developments.
(2018)The wrongful life cause of action has been an issue of international debate in the legal fraternity for decades and was ultimately decided by the Constitutional Court in 2014 in the South African law perspective. The ...
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