oa De Rebus - : dual burden of proof? : case note



The judgment of Sibisi NO v Maitin 2014 (6) SA 533 (SCA) (see also See 2015 (Jan/Feb) DR 54) saw the issues of medical negligence and the absence of informed consent once again considered by the Supreme Court of Appeal (SCA). This article focuses on the nature and requirements underlying the two grounds of liability and aims to show that the reasoning behind and the results of the court's decision are untenable.


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