Assignment Task
QUESTION 1
Mr Thobani, an elderly man with end-stage lung cancer presents to the emergency room awake and alert, complaining of shortness of breath. An evaluation reveals that he has pneumonia. His condition deteriorates in the emergency room and he has impending respiratory failure, though he remains awake and alert. A signed copy of his
living will is found in his chart which stipulates that he wants no ‘invasive’ medical procedures that would serveonly to prolong his death.
a) Advise Mr Thobani’s doctor whether he is bound to act in accordance with the contents of this document.
b) Would your advice be different if Mr Thobani presents to the emergency room confused and somnolent?
QUESTION 2
Dr Stannard’s patient has just tested positive for HIV. She asks that Dr Stannard must not inform her husband of the results and claims she is not ready to tell him yet. Advise Dr Stannard on the patient’s rights and/or whether she has a duty to inform the spouse.
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QUESTION 3
A 4-year-old is brought to Mediclinic Hospital with a fever and stiff neck. Dr Baddat is quite certain the child has meningitis. Dr Baddat discusses the need for a spinal tap and antibiotic treatment. The parents refuse permission, saying, “We'd prefer to take him home and have our minister pray over him.” Do the parents have a right to refuse treatment? Discuss.
QUESTION 4
With reference to the decision in Soobramoney v Minister of Health, KwaZulu-Natal 1998(1) SA 765 (CC), discuss the issue of healthcare rationing and its implications on the right of access to healthcare services.
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