Dutton - Medical Malpractice in SA

4
Medical Malpractice in South African Law
issues), the guidance provided by our legal system has been patchy and incomplete.
Upon its ancient foundations our legal system has, via the liberating practicality
of the Roman-Dutch jurists, the broadening of perspective through the
contribution of the English law, and the transition from a rules-based to a values-based
legal system introduced by our constitutional democracy, developed to
the point where it has the structural capacity to deal admirably with the manifold
challenges arising from the confluence of medicine and the law. Clear and
decisive direction is urgently needed from our legislature and judiciary as part of
a broader response to these challenges. It is hoped that this book will contribute
to that development.