Golegal.co.za
Your right to have access to healthcare in South Africa
WEBThe Constitution protects your rights by providing assistance and benefits. Access to healthcare is a basic human right. The right to healthcare services can however be limited in certain instances, depending on the availability of resources. We discuss these points in further detail, including if you have the right to refuse treatment.
Actived: 2 days ago
Medical Malpractice in South Africa
WEBDealing with the practical aspects of medical negligence litigation from a substantive, procedural and ethical point of view Medical Malpractice in South Africa: A Guide for Medical and Legal Practitioners is published by LexisNexis South Africa. Author John Saner SC (MA (cum laude) LLB (Wits) has been a member of the Cape Bar for thirty years
How to make a medical malpractice claim in South Africa
WEBSteps involved in making a medical malpractice claim. Consult a specialist medical malpractice attorney. First and foremost, consult a personal injury attorney who specialises in medical malpractice claims. Medical malpractice and medical negligence cases are notoriously complex. They’re subject to special limitations, rely on expert
The legal principle of informed consent in South Africa
WEBIt protects individuals from being subjected to medical procedures or treatments they don’t want, and from agreeing to any procedure or treatment without being properly informed of associated risks and consequences. In South Africa, legal requirements for obtaining informed consent are codified in Section 7 of the National Health Act 2003 (NHA).
Medical malpractice
WEBBirth-related medical malpractice. Birth-related injuries are those that take place during labour and childbirth. The most common birth injury is cerebral palsy or brain damage due to lack of oxygen during childbirth. South Africa has a higher-than-average prevalence of cerebral palsy. The global average is two per 1,000 births.
Disciplinary enquiries: Procedure, rights & obligations of employer
WEBDisciplinary enquiries: Procedure, rights and obligations of employer and employees. Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot be remedied by any other means. However, this step can only be taken when an allegation of misconduct has been proven by means of evidence.
The Cannabis judgment – Implications for society and the workplace
WEBThe requirement that use, possession or cultivation must be private remains. The Cannabis judgment effectively means that adult persons are now permitted to use, possession and cultivation of cannabis in a private place for personal consumption. The court found that the criminalisation of cannabis ( and its history) was characterised by racism
Valid medical certificates – Clarity in the uncertainty
WEBIntroduction. Employers are all too aware that section 23(2) of the Basic Conditions of Employment Act 75 of 1997 as amended (“the BCEA”) requires that in order for a medical certificate to be valid the following requirements are to be met, namely:-. the medical certificate must be issued and signed by a medical practitioner or any other person …
Commission only employees and the Basic Conditions of
WEBIntroduction: A commission only employee is an employee who derives his or her entire income from commission on the work performed by such employee (“Commission Only Employee”).Generally, Commission Only Employees may have flexible working times and the manner in which their work is performed may be left to the Commission Only …
Health and safety in the workplace: How important is it
WEBThere are two primary pieces of legislation which are aimed at securing health and safety in the workplace, namely the Occupational Health and Safety Act, No. 85 of 1993 (“OHSA”) and the Mine Health and Safety Act, No. 29 of 1996 (“MHSA”). The MHSA applies to mines and some works, as defined in the MHSA, while the OHSA applies
How to claim for medical malpractice in South Africa
WEBIt’s possible to claim compensation directly from a doctor or other medical practitioner. Where malpractice occurs in a hospital setting, the hospital itself can be held vicariously liable. In the case of a state hospital, the state – as represented by the relevant MEC or the Minister of Health – can be held liable for malpractice by
Breaking down sick leave
WEBIn terms of section 22 of the BCEA the sick leave cycle is a period of 36 months’ continuous employment with the same employer. Provision is made for an employee’s first six months of employment where he or she may take one day’s paid sick leave for every 26 days worked. Subsequent to the period of six months continuous employment with
The Road Accident Fund: Who is entitled to claim & what can
WEBClaimable damages. A claimant is only entitled to recover damages which have been proven, and which relate to the bodily injuries sustained from the motor vehicle accident. These consist of the following heads of damages: Past hospital, medical and related expenses; Future hospital, medical and related expenses; Past loss of earnings;
Law firms: 8 practical steps to improve staff mental health
WEBBy investing in improving the mental health of your staff, you will improve: Staff communication. Staff productivity. Staff competence. Staff concentration. All of which are vital to achieve the high standards of ethics and professionalism demanded from the legal sector. 2. It makes good business sense.
Coronavirus: Occupational Health and Safety Alert – South Africa
WEBThere have been a range of responses to the announcement of President Ramaphosa’s measures on 15 March 2020, from “prepare carefully, but don’t panic”, to full panic. In this Occupational Health and Safety Alert, we do not give advice, in any manner, regarding what Coronavirus is, how it may or may not be spread, rates of infection
Category: Coronavirus Go Health
When working from home does the home become a workplace
WEBEmployees that perform work, as defined, at home, will in most instances, be acting in the course and scope of their employment, and therefore their home/residence constitutes a “workplace” as defined in the OHSA. The term “employer” is defined in Section 1 of the OHSA to mean any person who employs or provides work for any person and
Boreholes and water use rights and allocations in Johannesburg
WEBA person who owns or is lawfully living on land and is using water from a groundwater source (ie a borehole) can use the amount of water specified in Table 1.2 of the General Authorisation published in Government Notice 399, published in Gazette 26187 on 26 March 2004 (which is still applicable today). The amount that you can use is measured in
Inspector powers under S54 of Mine Health and Safety Act 29
WEBThe provisions of section 54 (1) require the inspector concerned to establish objectively that a state of affairs would lead a reasonable person to believe that it may endanger the health and safety of any person at the mine and contemplates an instruction that is limited by the extent to which it I s necessary to protect the health and safety
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