publication . Article . 2011

The Consumer Protection Act: No-fault liability of health care providers

Nöthling Slabbert, M.; Michael Pepper;
Open Access
  • Published: 01 Nov 2011
Abstract
The introduction of no-fault or strict liability by the Consumer Protection Act 68 of 2008 (CPA) poses serious problems in the health care context. With a patient as a consumer' in terms of the CPA, health care practitioners may find themselves as suppliers' or retailers' as part of a supply chain, and potentially liable for harm and loss suffered by a patient in terms of the new no-fault liability provision. The claimant (patient) can sue anyone in the supply chain in terms of this provision, which places the health care practitioner who delivered the care in a very difficult position, as he or she is the most easily and often only identifiable person in the su...
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1. As well as Regulations published in GG 34180 of 1 April (GN R. 293).

2. See s 3(1).

3. S 1.

4. S 5(1). eTh Act does not apply, among others, to transactions for the supply (or promotion) of goods or services to the State or transactions that relate to services supplied under an employment contract.

5. In terms of the policy framework, a consumer is defined as a person who purchases 'goods' or 'services'. See GN 1957 in GG 26774 of 9 September 2004, par 25.

6. Ss 8-10.

7. Ss 11-12.

8. Ss 13-21.

9. Ss 22-28.

10. Ss 29-39.

11. Ss 40-47.

12. Ss 48-52.

13. Ss 53-61.

14. Ss 62-27. See also Jacobs W, Stoop PN, Van Niekerk R. Fundamental consumer rights under the Consumer Protection Act 68 of 2008: A critical overview and analysis. Potchefstroom Electronic Law Journal 2010;13(3). http://www.scielo.org.za/pdf/pelj/v13n3/v13n3a09.pdf (accessed 20 June 2011). [OpenAIRE]

15. S 4(4).

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