Abstract:
Obtaining valid informed consent is central to the
ethical and legal duties of a doctor. In South Africa
obtaining informed consent for all medical and surgical
procedures has been a legal requirement since 1923
(Stoffberg v Elliot).1 Failing to obtain informed consent
breaches a patient’s constitutional right and can lead
to a complaint at the Health Professions Council of
South Africa (HPCSA), a civil case or even criminal
proceedings for assault or battery.
Ethical medical practice is based on four
principles: beneficence, non-maleficence, distributive
justice and autonomy. Informed consent falls under
the last mentioned principle. It is important to note
that informed consent for all procedures not only
protects the rights of the patient, but the rights of the
doctor as well, since both parties have an obligation
to protect the integrity of the doctor-patient
relationship.
