Lisa Kriegler

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The Department of Health may classify medicines for public procurement purposes

The Pretoria High Court recently dismissed a pharmaceutical company’s application to review the Department of Health’s (DOH) decision to classify medicines for the purposes of assessing tender bids.     The DOH awarded a tender to supply surfactants to treat Respiratory Distress Syndrome at public hospitals.  The tender bid invitation was based on two therapeutic classes, … Continue reading

Regulatory requirements behind the peanut butter recall

The National Consumer Commission (NCC) has recently urged the public to return various brands of peanut butters for a refund. The manufacturer of the peanut butters had informed the NCC that the affected products contain higher than the legally accepted levels of Aflatoxin. The recall of most consumer products is regulated by the Consumer Protection … Continue reading

Private hospitals cannot employ healthcare practitioners according to the HPCSA’s Rules

Most people are not aware that according to the Health Professions Council of South Africa’s rules, private hospitals cannot employ doctors. While no single provision prevents a private hospital from employing a healthcare practitioner, various health legislation and guidelines read together do. Under the National Health Act, 2003, a private health establishment is a health … Continue reading

Extinction of liability for medical malpractice by prescription

Chapter III of the Prescription Act, 1969 deals with the extinction of debts by prescription.  But how does this relate to personal injury cases? Most claims for damages prescribe in three years, but prescription does not run against minors (people under the age of 18), those with severe mental and intellectual disabilities, or those under … Continue reading

Court confirms that specially trained pharmacists may prescribe prophylaxis HIV medication

The Pretoria High Court upheld the South African Pharmacy Counsel’s decision to implement the Pharmacist-Initiated Management of Antiretroviral Treatment programme allowing suitably qualified pharmacists with the necessary permits in term of section 22A(15) of the Medicines and Related Substances Act, 1965, to prescribe Pre-Exposure and Post-Exposure Prophylaxes (more commonly known as PrEP and PEP), first-line … Continue reading

Negligence claim for slip-and-trip on restaurant ramp not proved and rejected

The plaintiff failed in her action against a takeaway restaurant for damages resulting from her slipping and falling while walking down a tiled ramp at the restaurant’s exit. The court, besides applying the disclaimer notice, was not satisfied that the plaintiff had discharged the onus resting upon her to prove that the restaurant had failed … Continue reading