Dutton - Medical Malpractice in SA

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THE PRACTITIONER’S GUIDE TOMedical MalpracticeIN SOUTH AFRICAN LAW
The Practitioner’s Guide toMedical MalpracticeIN SOUTH AFRICAN LAWIan DuttonBA LLB (Natal)Advocate of the High Court of South Africa2015
Page 4 and 5: First published 2015byPO Box 30702T
Page 6 and 7: viMedical Malpractice in South Afri
Page 8 and 9: viiiMedical Malpractice in South Af
Page 10 and 11: ContentsForeword by Judge Neels Cla
Page 12 and 13: xivMedical Malpractice in South Afr
Page 14 and 15: xviMedical Malpractice in South Afr
Page 16 and 17: xviiiMedical Malpractice in South A
Page 18 and 19: 1IntroductionThe purpose of this bo
Page 20 and 21: Introduction 3There is, however, a
Page 22 and 23: 2An Overview for Medical Practition
Page 24 and 25: An Overview for Medical Practitione
Page 26 and 27: An Overview for Medical Practitione
Page 28 and 29: 3Causes of Action‘Before you draw
Page 30 and 31: Causes of Action 13For practical re
Page 32 and 33: Causes of Action 15or delict, or to
Page 34 and 35: Causes of Action 17requirements of
Page 36 and 37: 3.12 Essential elements 52Causes of
Page 38 and 39: Causes of Action 21ical integrity f
Page 40 and 41: Causes of Action 23part of the defe
Page 42 and 43: 3.20 Characteristics of the dependa
Page 44 and 45: Causes of Action 27part and parcel
Page 46 and 47: Causes of Action 29(that is, any ac
Page 48 and 49: Unlawfulness (Wrongfulness) 31cause
Page 50 and 51: Unlawfulness (Wrongfulness) 33Minis
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Unlawfulness (Wrongfulness) 35and p
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Unlawfulness (Wrongfulness) 37wrong
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4.8 Unlawfulness ‘in the air’Un
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Unlawfulness (Wrongfulness) 414.9 L
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Unlawfulness (Wrongfulness) 43bonos
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Unlawfulness (Wrongfulness) 45The C
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Unlawfulness (Wrongfulness) 47clari
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Unlawfulness (Wrongfulness) 49alia
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Unlawfulness (Wrongfulness) 51of th
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Unlawfulness (Wrongfulness) 53condi
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Unlawfulness (Wrongfulness) 55which
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Unlawfulness (Wrongfulness) 574.26
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5Causation‘In the morass of contr
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Causation 61conduct is not the fact
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Causation 63Conversely, though, the
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Causation 65The court found that th
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Causation 67lay in proving that the
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Causation 69which eventually occurr
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Causation 71Authority. 56 In that c
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Causation 73it may well be that the
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Causation 75was subsequently confir
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Causation 77In Clarke v Hurst NO 82
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6FaultINTRODUCTION 16.1 Definition
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6.4.2 Mental disease or illnessFaul
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Fault 83blood sample was taken, and
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Fault 85for subjecting her to radiu
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2. Reasonable foreseeability;3. Rea
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Fault 89Eskom Holdings v Hendricks
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Fault 91In Dale v Hamilton 68 the p
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Fault 93to such evidence was set ou
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Fault 95a laudable development, as
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Fault 97be negligent. Broadly speak
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Fault 99had tugged too forcefully.
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Fault 101the degree of care require
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Fault 103The premature discharge of
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Fault 105The position is, therefore
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Fault 107experience in a particular
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Fault 109nor to have troubled to ha
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Fault 111take the form of conduct a
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Fault 113prima facie case, and the
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116Medical Malpractice in South Afr
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The significant increase in medical
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Dutton - Medical Malpractice in SA

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