A review of knowledge as an integral prerequisite of informed and legal consent

Abstract

This study explores the doctrine of informed consent and its application in South African medical law. The advent of the Constitution of the Republic of South Africa, 1996, introduced democracy and human rights, specifically the rights to human dignity, privacy, and freedom and security of the person, amongst others. As a result of a recognition of these rights, together with corresponding changes in the doctorpatient relationship which increasingly leans towards the patient as a consumer of medical services, consent has become a significant part of the doctor-patient relationship. It is unequivocally stated in South African legislation that consent is a prerequisite for the provision of health care services; however, the application of this is not clear, specifically the extent of the disclosure of information that is needed and the duty placed on the doctor to provide information. The study, therefore, explores relevant authority concerning informed consent and the standards of disclosure in South African law and reviews, in particular court precedent on knowledge as a prerequisite to lawful consent. The study aims to discuss the question whether consent can ever be fully informed, and if the foregoing is possible, whether this is possible in a South African context.