Res Ipsa Loquitur & Medical Negligence: A Comparative Survey

Product Details:
Author(s):
Carstens, P and
van den Heever, P
Year Published:
2011
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Res Ipsa Loquitur and Medical Negligence: A Comparative Survey analyses the application of the doctrine of res ipsa loquitur (‘it speaks for itself’) to medical negligence cases.  The book aims to establish conclusively that the approach of the South African courts, that the doctrine should never find application in medical negligence cases, is untenable and out of touch with modern approaches adopted in other countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also discussed. The book further provides a theoretical and practical legal framework for the application of the doctrine to medical negligence cases in South Africa in future. The authors argue for the application of the doctrine, not only in medical negligence cases, but also to related legal procedures that follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa. Res Ipsa Loquitur and Medical Negligence includes a comprehensive comparison of the practical application of the doctrine to medical negligence cases in South Africa, England and the United States of America.
Key Features
The only book to set out the use of the doctrine of res ipsa loquitur in medical negligence cases
Analyses all local and key international cases
Sets out the procedural requirements for invoking and using the doctrine
Useful for defendants arguing in rebuttal
Explains how to plead res ipsa loquitur in medical negligence cases
Content
Origin and development of the doctrine in SA, England & USA
The application of res ipsa loquitur to medical negligence in South Africa
Requirements for invocation of the doctrine
The procedural requirements of the doctrine
Pleading res ipsa loquitur medical negligence cases
The nature of the defendant’s explanation in rebuttal
Onus of proof
Case Law
Constitutional imperatives for application of the doctrine in South Africa
Interest / Benefit to
Attorneys dealing with medical law
Judges
Advocates