Tuesday, April 23, 2024
Whether amendments to existing legislation apply to pending actions, applications or regulatory processes which were initiated before promulgation of the amendments depends on whether the application thereof would have an effect on existing substantive rights. The presumption against retrospectivity acknowledges that amendments to legislation should not deprive parties of rights which existed at the time of the commencement of the action, application or process in question. This article focuses on the lawfulness of the Health Professions Council's retrospective application of the recently amended Displinary Regulations, with reference to relevant case law.
Tuesday, March 26, 2024
Couple therapy poses unique ethical and legal challenges in the context of the handling of confidentiality, including the status of the joint counselling record.
Tuesday, January 23, 2024
A medical practitioner ("Dr A") was recently faced with a dilemma when she discovered that a patient had recorded a consultation. The practitioner was taken aback by the patient's actions and queried whether the recording of a consultation was permissible in terms of South African law.
Tuesday, July 4, 2023
Medical practitioners might consider the installation of closed-circuit television (CCTV) surveillance cameras in their practices as part of a strategy to prevent and detect crime and manage their security risks.
Tuesday, June 20, 2023
Regulatory bodies are expected to serve and protect the public interest.
Tuesday, June 6, 2023
Many medical professionals are approached by family members and friends for medical advice, consultations, and treatment.
Tuesday, April 4, 2023
The role of an anaesthetist is often stressful. They work in an unpredictable and dynamic environment where even minor errors can lead to significant patient harm.
Tuesday, February 21, 2023
Advance directives in the form of living wills are not expressly recognised in South Africa as legally enforceable instructions by either statute or common law.
Tuesday, February 7, 2023
The Health Professions Act 56 of 1974 (the Act) governs all healthcare practitioners, not only medical practitioners.
Tuesday, November 15, 2022
Medical practitioners now have increased legal duties when processing patients’ personal information, both within their practice and between practitioners.
