The therapeutic privilege is a defence in terms of which a doctor may withhold information from
a patient if disclosure of such information could harm the patient. This study explores the defence
of therapeutic privilege and provides a critical evaluation. A comparative investigation is
undertaken, while arguments springing from a variety of disciplines are also incorporated.
A number of submissions are made for limiting the ambit of the defence. The main submission
is that the therapeutic privilege should comply with all the requirements of the defence of
necessity. In addition, it should contain some of the safeguards afforded to the patient by the
requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the
question if medical treatment is administered against the patient's will, or the doctor has reason
to believe (or knows) that the patient will refuse to undergo an intended intervention once
properly informed. / Jurisprudence / L.L.M. (Jurisprudence)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/567 |
| Date | 01 January 2002 |
| Creators | Coetzee, Lodewicus Charl |
| Contributors | Strauss, S. A. (Sybrand Albertus) |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Format | 1 online resource (vi, 224 leaves) |
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