Yash Naidoo

HPCSA relaxes scope of practice rule, and provides more COVID-19 guidelines

By Yash Naidoo on April 19, 2020 Posted in General

On 17 April 2020, the Health Professions Council of South Africa provided its latest COVID-19 guidelines to registered practitioners. The guidelines were circulated to registered practitioners via e-mail – as at the date of publication of this article, the guidelines are yet to be published on the HPCSA’s website www.hpcsa.co.za The HPCSA acknowledges that the … Continue reading

Should South African media name those who die of COVID-19?

By Yash Naidoo and Priyanka Naidoo on April 14, 2020 Posted in General

The answer to this question posed by the media, probably lies in the National Health Act (the Act). The Act provides that all information concerning a patient, including their health status, treatment or stay in a health establishment, is confidential. This information may not be disclosed unless: the patient consents to that disclosure in writing; … Continue reading

HPCSA guidance on telemedicine during COVID-19 outbreak

By Yash Naidoo on March 26, 2020 Posted in General

On 26 March 2020 – the eve of the 21 day nationwide lockdown in South Africa – the Health Professions Council of South Africa (HPCSA) issued a guidance note regarding the practice of telemedicine. The guidance note supplements and amends the HPCSA’s existing guidelines for the practice of telemedicine (booklet 10) as follows: The term … Continue reading

Disclaimer notice at the entrance to a store

By Hishaam Khan and Yash Naidoo on March 17, 2020 Posted in General

The High Court has refused to apply the terms of a disclaimer notice to defeat the claim of a shopper who tore his bicep while trying to stop a rack from falling. The shop owner’s defence relied on the display of a disclaimer notice alongside the entrance to the store which contained an exemption of … Continue reading

Your storekeeper’s duty of care

By Hishaam Khan and Yash Naidoo on March 17, 2020 Posted in General

The High Court has held that the owner and manager of a supermarket negligently breached the duty of care it owed to a shopper who was injured trying to stop a loose rack from falling. The customer’s claim arose out of an incident in which he sustained a ruptured bicep when he was shopping at … Continue reading

Amendment to HPCSA Inquiry Regulations

By Yash Naidoo on February 5, 2020 Posted in General

The regulations relating to inquiries into alleged unprofessional conduct of healthcare practitioners registered with the Health Professions Council of South Africa (HPCSA) have been amended. Practitioners must ensure that their current and correct e-mail address is in the HPCSA’s records. Two of the three amendments bring the regulations up to speed with modern times. A … Continue reading

Carbon monoxide death liability claim fails on pollution exclusion (US)

By Yash Naidoo on July 24, 2018 Posted in Insurance

Two tenants of a second-floor unit in an apartment building (condominium) in Florida USA died in their bedroom, after inhaling carbon monoxide gas whilst asleep. The gas was believed to have come from a car in the unit’s garage. It seeped into the air-conditioning system of the unit and entered the bedroom through the system’s … Continue reading

General damages and contingency deductions in medical negligence cases

By Yash Naidoo on March 23, 2018 Posted in General

When a patient’s brain injuries diminishes their awareness and full appreciation of their pain and suffering, an award for general damages is appropriate if the patient experiences intermittent periods of heightened awareness. When determining the amount to be awarded for general damages, our courts prefer a flexible approach. The award should be determined by the … Continue reading

Tacit agreement to replace an agreement is not a variation

By Yash Naidoo on March 6, 2018 Posted in General

Our law recognises that an agreement can be concluded tacitly to replace a previous agreement and a non-variation clause does not preclude the parties from doing so. This principle was recently confirmed by the Supreme Court of Appeal. In Ocean Echo Properties v Old Mutual the parties were contracting under a lease. The landlord sued … Continue reading

Municipality has a legal duty to provide supervision at a beachside facility

By Yash Naidoo on October 3, 2017 Posted in General

The Supreme Court of Appeal has held that the eThekwini Municipality had a legal duty to supervise and control access to a water slide built for children and situated in a pool on the Durban beachfront Promenade. A mother had taken her son for a day by the sea. The son joined one of many … Continue reading

Fit and proper tooth whitening

By Yash Naidoo on January 19, 2017 Posted in General

Oral hygienists may perform tooth whitening procedures only if they have received adequate education and training on the procedure at an institution accredited by the Professional Board for Dental Therapy and Oral Hygiene (PBDOH). The Health Professions Council of South Africa (HPCSA) has confirmed the decision by the PBDOH that oral hygienists who have not … Continue reading