Dutton - Medical Malpractice in SA

10
Medical Malpractice in South African Law
required standard of reasonableness will be met should the novice seek advice or
consult with more experienced colleagues.
As far as the question of whether a medical practitioner has the requisite intention,
the approach of the courts is that this is met when his or her will is directed
at a result which was either the person’s principal object, or one which the person
foresaw might follow from the conduct and was reckless as to the result.
It is not yet settled whether a person needs to realise or foresee the possibility
that his or her conduct was unlawful for the person to be at fault. In respect of
invasion of privacy and assault, the current state of the law is that such knowledge
of unlawfulness is not required.
It should also be appreciated that intention as a form of fault is distinct from
motive. Intention is a reflection of the will rather than desire. A person can
therefore act with a noble motive, and still have the intention to cause harm to
another for which legal liability may result.