n South African Law Journal - Informed consent in medical malpractice suits : an analysis of Beukes v Smith

Volume 137 Number 1
  • ISSN : 0258-2503


In this case note we make two salient observations regarding the recent Supreme Court of Appeal judgment in Beukes v Smith. First, the judgment shows that when assessing alleged wrong fulness, the court is concerned with whether the health-care user did in fact provide informed consent, and not with formalities such as making notes of consultations. Secondly, the SCA assumed that the health-care user was using pain medication, and further assumed that she was not attentive during the consultation; hence her version of events was rejected. This line of assumption-based reasoning introduces a new anti-patient prejudice in our law, which is clearly unconstitutional, and should be rectified by the SCA at the earliest opportunity.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error