Masters Degrees (Medical Law)
Recent Submissions
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Securing the privacy of patients’ electronic personal information in South African hospitals during COVID-19.
(2021)South African organisations have been noticeably ill-prepared in their prevention of data breaches, even amidst the coronavirus public health predicament, where a palpable onslaught of cyberattacks targeting the healthcare ... -
Advancing human rights in patient care through strategic litigation: the case of Uganda.
(2022)No abstract provided. -
Dignity in death and physician-administered euthanasia: the South African journey so far and likely journey in future.
(2021)Although the acceptance of physician assisted suicide and euthanasia has gained acceptance in some countries with different safeguards, it is still not accepted in South Africa either by omission or commission. Some of ... -
Rising medical negligence litigation: the importance of legislative and ethical knowledge.
(2021)There has been an increase in medical negligence litigation in the country, both in value and in the number of claims. Health departments, establishments and professionals are facing the financial burden of these increases. ... -
A critical evaluation of the laws pertaining to sterilisations and termination of pregnancies: exposing the gaps and threats.
(2021)The right to reproductive health, which is the primary focus of this dissertation, is a component of the right to health. This right has been protected for many years, notably in international human rights instruments, ... -
Is section 71 of the National Health Act 61 of 2003 inconsistent with a child’s constitutional rights to bodily integrity and equality?
(2021)The South African Constitution entitles children to all the basic human rights. In addition, the concept of ‘[a] child's best interests’ (section 28(2)) has been significant in the realisation of other rights contained in ... -
A critical analysis of the South African government’s management and response to Covid-19 in the context of its constitutional commitments to its citizens based on the Social Contract Theory.
(2021)Despite the South African Constitution having been promulgated to redress the injustices of the Apartheid regime by entrenching access to socio-economic rights, the government has failed in its responsibility to fulfil ... -
Affording patients the right to access experimental stem cell treatment: a comparative analysis of the legal and ethical consequences.
(2021)Despite revolutionary advances in the medical field, with specific reference to stem cell technologies and therapies, South African laws do not adequately address gaps that currently exist when it comes to legally accessing ... -
Informed consent: a review of the ethical and legal framework for medical practitioners and nurses.
(2022)The purpose of this dissertation is to review legislation and ethical guidelines that help to inform the practice of healthcare workers on the undertaking of informed consent. The standard management of the healthcare ... -
A critical examination of the State Liability Amendment Bill (2018) and its implications for medical negligence litigation in South Africa.
(2021)Medical negligence litigation in South Africa is an ever-growing problem that places a great burden on public hospitals and threatens their ability to render health care services. The number and monetary value of these ... -
Unregulated or not? a legal analysis of South Africa’s legislative framework relevant to direct-to-consumer genetic testing.
(2021)Recent advances in science and technology have enabled genetic testing to be conducted inexpensively, expeditiously, and directly by consumers, therefore allowing individuals access to their genetic information without ... -
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 ... -
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.
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