n South African Law Journal - Res Ipsa Loquitur and Medical Negligence : A Comparative Study, Patrick van den Heever & Pieter Carstens : book review
|Article Title||Res Ipsa Loquitur and Medical Negligence : A Comparative Study, Patrick van den Heever & Pieter Carstens : book review|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2012|
|Pages||184 - 189|
Res Ipsa Loquitur and Medical Negligence: A Comparative Study aims to investigate and research 'the utility and effect of the application of the doctrine of res ipsa loquitur to medical negligence cases'. As a result it seeks to show that it is 'untenable and out of touch with modern approaches adopted in other common law countries' for the South African courts to continue to exclude the operation of the maxim in medical negligence cases (Preface at v). The book does this by carefully analysing the decision in Van Wyk v Lewis 1924 AD 438 - which introduced the exclusion almost a century ago - as well as comparative jurisprudence in England and the United States, and constitutional principles such as procedural equality, access to the courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations (Preface at vi).
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