Informed consent to medical treatment: the basis of a claim and the standards of disclosure

[摘要] English: The right to security and control over the body is described as an absolute rightin South African common law. It is also regarded as one of the essential andfoundational constitutional rights, together with the right to life and dignity. Theimportance that the boni mores or legal convictions of the community place onthe right to bodily integrity and self-determination are reflected in therequirements for the justification ground of volenti non fit iniuria. The essentialelements of volenti non fit iniuria are knowledge, appreciation and, finally,consent, which is a personal and subjective state of mind.When a doctor applies force to the body of a patient without the patient'sinformed consent, the use of assault, a specific type of iniuria in South Africanlaw, as a cause of action, reflects the importance that society places on the rightto bodily integrity and self-determination. On the other hand, where the Englishbreach of duty of care and negligence is used, the rights to bodily integrity andself-determination are undermined. It is recommended that South Africa adoptsassault as a primary cause of action.

[发布机构] University of the Free State