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Forensics > Legislation > Flashcards

Legislation Flashcards

1
Q

Name the legislation that addresses certification of natural death must be issued by medical practitioner

A

Birth and death registrations act (1992) act 51 section 15

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2
Q

What is addressed in sections 14 and 15 of the births and deaths registration act (1992) act 51?

A

Certification of natural deaths by medical practitioner - must be issued stating COD. GP present or examined corpse after death with satisfaction that it’s natural. If doubt about natural cause, must inform police.

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3
Q

Which legislation addresses the duty to report unnatural COD to police?

A

Inquests act (no 58 of 1959) section 2

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4
Q

What is addressed in inquests act (1959) section 2?

A

Duty to report unnatural COD to police

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5
Q

Which legislation addresses medico-legal investigations of unnatural deaths, stating that examination of body by medical practitioner is necessary to determine COD and policeman must investigate circumstances and report to magistrate

A

Inquest act (1959) section 3

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6
Q

What is addressed in section 3 of inquest act (1959)?

A

Medico-legal postmortem exam if due to unnatural causes:
• policeman must investig circumstances and report to magistrate
• body must be examined by medical practitioner to determine COD
• any part or organ may be taken to any place as necessary
• body may be disinterred
• No one may be present at PM besides police, gp or those with substantial/ peculiar interest

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7
Q

Which legislation classifies anaesthetic/procedural death as unnatural?

A

Health professions act (1974) section 56 and Health professions amendment act (29 of 2007) section 48

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8
Q

What does the Health professions act (1974) section 56 address?

A

Death of person undergoing procedure for therapeutic/ diagnostic/palliative care is unnatural.

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9
Q

What does the Health professions amendment act (2007) section 48 address?

A

Death due to anaesthesia, < 24h after procedure, negligence = unnatural

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10
Q

What has replaced the Human tissue act (1953)?

A

National Health act (no 61 of 2003) chapter 8

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11
Q

What does the National Health act (no 61 of 2003) address? (4)

A
  • Unnatural death
  • pm exam of bodies: section 66 chap 8
  • removal of tissue at PM exam and obtaining of tissue by institutions and persons: section 67
  • Control use of blood, blood products, tissues, gametes in humans: Chapter 8
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12
Q

Which act classifies unnatural death?

A

National Health act 61 of 2003

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13
Q

What is the purpose of the j88 form?

A

Document injuries sustained by the victim where there is legal investigation to follow

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14
Q

Which form documents the injuries sustained by a victim where there is legal investigation to follow?

A

J88

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15
Q

What does the SAPS 308 a form document?

A

Confirms that pt is suspect and may not refuse the procedure. Failure to keep document on file may lead to charges of assault against mp.

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16
Q

Which form confirms that the patient is a suspect and does not have a right to refuse the procedure?

A

SAPS 308 a form

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17
Q

Name the 4 public law types

A
  1. International law
  2. Constitutional law
  3. Criminal law
  4. Law of procedure
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18
Q

Name the 4 private law types

A
  1. Law of persons
  2. Law of family relations
  3. Law of personality
    4- law of patrimony
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19
Q

Name the 3 types of miscellaneous law

A
  1. Mercantile law
  2. Labour law
  3. Conflict of laws
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20
Q

Name, in order, the 7 tiers of statutory law

A
  1. Constitution
  2. Act of parliament
  3. Provincial statutes
  4. Statutory bodies
  5. Departmental rules/regulations
  6. Professional bodies
  7. Supreme Court decisions
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21
Q

What is the highest court of South Africa and where is it?

A

Constitutional court in braamfontein

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22
Q

Where and what is the second highest court in South Africa?

A

Supreme Court of appeal in Bloemfontein

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23
Q

What is the third highest court of sa?

A

High court

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24
Q

What is the 4th highest court in SA and what are its 2 divisions?

A

Magistrate’s court : regional and district courts

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25
Q

How is the judge in a supreme count addressed?

A

My Lord / My Lady

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26
Q

How is the judge in the magistrate’s court addressed?

A

Your worship

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27
Q

How are decisions made in criminal courts?

A

Beyond reasonable doubt

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28
Q

How are decisions made in civil courts?

A

Balance of probabilities

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29
Q

Which form documents the death of a patient that died of natural causes?

A

Death notification form DHA -1663

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30
Q

What is the DHA -1663 form?

A

Death notification form of natural causes

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31
Q

What is the GW 7/24 form?

A

Document anaesthetic/procedure death

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32
Q

Which form documents anaesthetic/procedure deaths?

A

GW 7/24

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33
Q

Name the legislation that addresses death due to natural causes and the completion of the DHA 1663 form

A

Births and deaths registration act no 51 of 1992, section 14

34
Q

Which act states that the inquests act no 58 of 1959 must be referred to for death due to unnatural causes, and a certificate must be filled in and given to police

A

Births and deaths registration act no 51 of 1992 section 17

35
Q

What does section 17 of the births and deaths registration act no 51 of 1992 refer to?

A

the inquests act no 58 of 1959 must be referred to for death due to unnatural causes, and a certificate must be filled in and given to police. Exception for unnatural cause: no cause of death shall be stated on the death register.

36
Q

What does the births and deaths registration act no 51 of 1992 section 18 address?

A

Still-birth death declaration

37
Q

Which act addresses Still-birth death declaration?

A

Births and deaths registration no 51 of 1992, section 18

38
Q

Which legislation states the duty of the police officer to report unnatural COD to the public prosecutor?

A

Inquests act no 58 of 1959 section 4

39
Q

What is addressed in section 4 of the inquests act no 58 of 1959?

A

the duty of the police officer to report unnatural COD to the public prosecutor

40
Q

Which act addresses the decision of the magistrate to hold an inquest as to the circumstances and cause of death?

A

Section 5 of the inquests act no 58 of 1959

41
Q

What is addressed in section 5 of the inquests act no 58 of 1959?

A

the decision of the magistrate to hold an inquest as to the circumstances and cause of death

42
Q

Which legislation addresses the magistrate’s decision to subpoena a person to give evidence (witness)

A

Section 8 of the inquests act no 59 of 1959

43
Q

What is addressed in section 8 of the inquests act no 58 of 1959

A

the magistrate’s decision to subpoena a person to give evidence (witness)

44
Q

Which legislation states that the magistrate may, with permission of the minister or his staff, summon an assessor with shill in the matter to advise him?

A

Section 9 of the inquests act no 58 of 1959

45
Q

What does section 9 of the inquests act no 58 of 1959 address?

A

the magistrate may, with permission of the minister or his staff, summon an assessor with shill in the matter to advise him. The assessor may pose questions to the withers but may not have a voice in any decision

46
Q

Which legislation addresses that the magistrate must record a finding upon the inquest as to the identity of the deceased, cause and date of death, whether the death was brought about by any act or omission amounting to an offence?

A

Section 16 of the inquests act no 58 of 1959

47
Q

What does section 16 of the inquests act no 58 of 1959 address?

A

the magistrate must record a finding upon the inquest as to the identity of the deceased, cause and date of death, whether the death was brought about by any act or omission amounting to an offence. This is whether or not there is a body. If the magistrate can’t record any findings, he must record that

48
Q

According to the children’s act 2005 section 129, at what age may a person consent to an operation?

A

12

49
Q

According to the children’s act 2005 section 129, at what age may a person consent to medical treatment?

A

12

50
Q

According to the children’s act 2005 section 130, at what age may a person consent to an HIV test?

A

12

51
Q

According to the choice on termination of pregnancy act 92 of 1996, at what age may a person consent to termination of pregnancy?

A

No age limit

52
Q

According to the children’s act 2005 section 134, at what age may a person consent to contraception?

A

12

53
Q

According to the children’s act 2005 section 12, at what age may a person consent to a virginity test?

A

16

54
Q

According to the children’s act 2005 section 12, at what age may a person consent to male circumcision?

A

16

55
Q

According to the criminal law (sexual offences and related matters) amendment act 32 of 2007 sections 1,15,16,57, at what age may a person consent to sexual intercourse?

A

16

56
Q

According to the children’s act 2005 section 129, at what age does a minor have parental responsibility for a child?

A

12

57
Q

According to the sterilisation act 44 of 1998 and sterilisation amendment act 3 of 2005, at what age may a person consent to sterilisation?

A

18

58
Q

At what age may a person consent to research?

A

18

59
Q

According to choice of termination of pregnancy act 92 of 1996, when is abortion legal?

A

First 12 weeks: upon request.
Week 13-20: gp of opinion that risk of injury to woman physical/mental health, risk fetus abnormal, pregnancy due to rape or incest, will affect social or economic circumstances of woman greatly
After week 20: danger mom’s life, severe malformed fetus, rash injury to fetus

60
Q

According to the National Road traffic act 93 of 1996 section 65, what is the alcohol limit?

A

Blood: 0,05g| 100 ml (professional driver 0,02 )
Breathalyzer: 0,24 mg/100 ml within 2 hours (0,1 professional)

61
Q

What constitutes negligence?

A

Conduct of the accused did not measure up to the standard of care the law required in particular circumstances and that they acted with guilt and therefore can be blamed for the deed

62
Q

What is the test for medical negligence? (2)

A

Reasonable foreseeability and reasonable preventability.

The reasonable doctor or specialist.

63
Q

What is res ipsa loquitur?

A

The thing/ occurrence speaks for itself

64
Q

What is stated in Micheal v linksfield park clinic guidelines concerning expert medical evidence for negligence? (5)

A

• reasonableness or negligence is for court to determine
• determination doesn’t involve consideration of the credibility, but the examination of opinions and the analysis of their essential reasoning
• test - the standard of conduct of the reasonable practitioner in that particular field
• Founded on logical reasoning
- that the opinion had a logical basis and that the expert has considered comparative risks and benefits
- that the expert has reached a defensible conclusion

65
Q

What is a delict?

A

Actionable wrong causing another person harm in an unlawful and culpable manner

66
Q

What forms the core of informed consent?

A

Patient autonomy

67
Q

What is the importance and function of informed consent according to van Oosten? (2)

A
  • Ensures patient’s right to self determination and freedom of choice
  • encourages rational decision making from patient by enabling him to consider pros and cons of medical procedure
68
Q

What was recognised by the courts in the stoffberg v Elliot 1923 case?

A

Patient autonomy

69
Q

What did Mr justice watermeyer instruct to the jury at the stoffberg v Elliot 1923 case regarding patient autonomy?

A

A man, by entering a hospital, does not submit himself to such surgical treatment as the dr in attendance upon him may think necessary. By going to hospital, he doesn’t waive or give up his right of absolute security of the person; he can’t be treated in hospital as a mere specimen, or as an inanimate object which can be used for purposes of vivisection; he remains a human being, and he retains his rights of control and disposal of his own body; he still has the right to say What operation he will submit to, and unless his consent to an operation is expressly obtained, any operation performed upon him without his consent is an unlawful interference with his right to security and control of his own body, and is a wrong entitling him to damages if he suffers are.

70
Q

Which 5 ethical rules do Beauchamp and Childress argue that respect for patient autonomy leads to?

A
  1. Always tell truth
  2. Respect privacy of others
  3. Protect sensitive/privelged info
  4. Obtain consent for medical interventions prior to intervention
  5. When asked, assist pt in making important decisions
71
Q

Which 4 aspects summarise the importance of the Castell v De Greef case?

A
  1. Doctrine of informed consent was named and imported into sa law
  2. Clear and unequivocal recognition of patient autonomy over medical paternalism
  3. Lack of informed consent was treated as element of wrongfulness/unlawfulness and not as negligence
  4. Test of the ‘ reasonable patient’ was determined as the benchmark for informed consent, and not the “reasonable physician”
72
Q

Name 5 functions dha-1663 form

A
  1. Death certification: to confirm as fact
  2. Circumstances surrounding death eg manner of death
  3. Legal: home affairs can issue death certificate
  4. Primary cause of death and cascade
  5. Identity confirmation
  6. Mortality data statistics eg to determine where resources should be allocated to prevent death
73
Q

According to the National health act , what is death?

A

Brain death

74
Q

Name the 4 components of medical negligence

A

4 Ds.

  1. Duty of care
  2. Dereliction of duty (failure to attain standard of care prescribed by law thus committing breach of duty)
  3. Damages
  4. Direct causation
75
Q

Describe the contents of the inquests act 1959 (5)

A
  • Enquiry into unnatural deaths
  • duty to report unnatural deaths to police so that investigation can be opened, magistrate informed and autopsy done
  • describe manners of death
  • any part or internal organ may be removed and taken wherever necessary
  • No one may be present at pm besides police, gp and those with substantial or peculiar interest
76
Q

Describe the contents of the National Health act of 2003 (3)

A

• Define unnatural deaths !!
. Control of human tissue: blood, tissue, gametes
. Regulations for handling and storage of a dead body

77
Q

Describe the contents of the Health professions act 1974 (2)

A
  • Deaths associated with medical treatments, surgery, anaesthesia! Section 56
  • training and registration of health professionals
78
Q

Describe the contents of the child care act no 74 of 1983 (2)

A

Consent of children and legal guardians

Duty to notify about injured children and children with nutritional deficiencies

79
Q

Describe the contents of the children’s act no 38 of 2005 (5)

A 
• Care and protection of children
• ages of consent
• parental responsibilities
• children's courts
. Adoption
80
Q

Describe the contents of the births and deaths registration act 1992 (4)

A
  • Define natural death
  • death certification
  • refor to inquests act 1959 for unnatural death
  • still-birth

Forensics (9 decks)

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