R B v Smith (211/2018) [2019] ZASCA 48 (1 April 2019)

Jurisdiction
South Africa
Citation
R B v Smith (211/2018) [2019] ZASCA 48 (1 April 2019)
Media Neutral Citation
[2019] ZASCA 48
Hearing date
22 February 2019
Court
Supreme Court of Appeal of South Africa
Case number
211/2018
Judges
Dambuza JA, Zondi JA, Mocumie JA, Mokgohloa AJA, Navsa AP
Judgment date
1 April 2019
Language
English
Type
Judgment
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Delict – claim for damages based on failure to obtain informed consent to medical procedure for hernia repair – factual finding of trial court on whether the patient was informed, confirmed – no dispute on material risks inherent in competing surgical procedures – information given to patient met the required standard – common cause that there was no negligence in the performance of elected surgery – appeal dismissed

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