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GUIDELINES: INFORMED CONSENT

SAMA Copyright20121 GUIDELINES: INFORMED CONSENTIt has long been part of South African law that a patient must provide INFORMED CONSENT for allmedical treatment (diagnostic or therapeutic) on him/her (Stoffberg v Elliot, 1912). Basically, INFORMED CONSENT means thatsufficient information is provided to the patient to make aninformed decision and that the patient actually understands the information and the implicationsof acting on that information. INFORMED CONSENT relates to a person s right to human dignity andautonomy. The medical practitioner has the duty to obtain the CONSENT , as s/he is in a position toanswer questions and provide further to the HPCSA Guidelines for Good Practice in the Health care professions, there aregeneral and ethical guidelines which must be adhered to for a practitioner to be practicing withinthe ethical and legal boundaries which is required not only by law, but also by moral following Guideline Booklets are worthy to note:-Booklet 9 in its entirety discusses Seeking a Patiens INFORMED CONSENT and what the ethicalconsiderations from other Book

The consent requirement could be dispensed with if the defense of necessity (need to commence PEP treatment for a health care worker) and the requirements of the constitutional limitation clause (see above) are met. The HPCSA suggest that vicarious or proxy consent should be obtained from such a patient’s closest relative.

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