Yash Naidoo

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Amendment to HPCSA Inquiry Regulations

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

Informed Consent Principles (UK)

The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower back pain, for which she sought medical advice. After being given various treatment options, she chose to undergo a total abdominal hysterectomy and bilateral … Continue reading

General damages and contingency deductions in medical negligence cases

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

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

Fit and proper tooth whitening

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
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