LCR4802 - Medical Law EXAM 2026 (multiple
choice) Questions And Answers.
LCR4802 EXAM PACK: KEY TOPICS & QUESTIONS
SECTION A: MULTIPLE-CHOICE QUESTIONS (With Answers and Feedback)
Question 1
The right to privacy enjoys recognition in section 14 of the Constitution. In the
context of medical law, the right to privacy also protects the confidentiality of
medical information. Which of the following statements accord with the
interpretation given by our courts to the right to privacy in the context of medical
law? Indicate ALL the options that you consider to be correct.
a) The importance of confidentiality is such that the legislature has declared the
breach thereof to be a criminal offence under certain circumstances.
b) The maintenance of confidentiality has a role to play in the promotion of health
care.
c) Health care professionals as custodians of medical records have autonomous
control over the dissemination of information contained therein.
d) A patient's right to privacy includes the right to control the dissemination of
information contained in his/her medical records.
Correct Answers: a, b, d
Feedback:
• a) Correct. In Tshabalala-Msimang v Makhanya, Jajbhay J confirmed that
the National Health Act criminalises breaches of confidentiality .
, • b) Correct. In NM v Smith, Madala J remarked that secure privacy rights
encourage individuals to seek treatment and disclose information without
fear of stigmatisation .
• c) Incorrect. Health professionals are custodians, not owners, of medical
records. They do not have autonomous control; the patient retains control.
• d) Correct. In Tshabalala-Msimang v Makhanya, the court held that the
right to privacy includes controlling dissemination of private medical
information as an aspect of human autonomy and dignity .
Question 2
Which ONE of the following BEST captures a child's constitutional right to basic
health care services as interpreted by the Constitutional Court?
a) The state is obliged to provide a child with the basic healthcare services
envisaged in section 28(1)(c) of the Constitution.
b) The state is obliged to provide a child with the basic healthcare services
envisaged in section 28(1)(c) of the Constitution, but if the state cannot afford to
do so, the parent should assume that responsibility in terms of section 28(1)(b).
c) A child's parent is obliged to provide the child with the basic healthcare services
envisaged in section 28(1) of the Constitution, but if the parent is unable to
provide such services to the child, the state should assume that responsibility in
terms of section 28(1)(b).
d) The state is not obliged to provide a child with the basic healthcare services
envisaged in section 28(1)(c) of the Constitution.
Correct Answer: c
Feedback: In Government of the Republic of South Africa v Grootboom 2001 (1) SA
46 (CC), the court confirmed that sections 28(1)(b) and (c) should be read
concurrently. In Minister of Health v Treatment Action Campaign (No 2) 2002 (5)
SA 721 (CC), the court found that the duty to provide such services rests primarily
on the parents. However, the state is obliged to ensure children enjoy protection
when parental care is not realised .
,Question 3
A preliminary inquiry is held by a preliminary committee of inquiry —
a) if the complaint received by the registrar falls outside the jurisdiction of the
Health Professions Council of South Africa.
b) to consider a complaint against a person registered in the register of the
professional board concerned in order to make a determination on the
appropriate manner of dealing with such a complaint.
c) when a professional conduct committee found evidence of poor clinical and
related performance during an investigation, or a pattern of such performance.
d) in the case of a minor transgression, with the view to resolving the matter
through mediation.
Correct Answer: b
Feedback: "Preliminary inquiry" is defined in the regulations as "an inquiry held in
terms of these regulations by a preliminary committee of inquiry to consider a
complaint against a person registered in the register of the professional board
concerned in order to make a determination on the appropriate manner of
dealing with such a complaint" .
Question 4
Assume that the healthcare industry has not been exempted from the provisions
of the Consumer Protection Act 68 of 2008. Which ONE of the following
indemnity clauses may POSSIBLY be valid and enforceable under the
circumstances mentioned?
a) An indemnity clause that purports to exclude delictual liability for causing a
patient's death in a negligent manner. The clause is drawn to the patient's
attention, but the patient does not initial it, and does not act in a manner
consistent with acceptance of the provision.
b) An indemnity clause that purports to exclude criminal liability for causing a
patient's death in a negligent manner. The clause is drawn to the patient's
attention in accordance with the provisions of the Act, and the patient initials the
clause.
c) An indemnity clause that purports to exclude delictual and contractual liability
, for physical injury to a patient resulting from the negligence of the nursing staff.
The clause is drawn to the patient's attention in accordance with the provisions of
the Act, and the patient initials the clause.
d) An indemnity clause that purports to exclude contractual liability for physical
injury to a patient resulting from the gross negligence of the doctor. The clause is
drawn to the patient's attention in accordance with the provisions of the Act, and
the patient initials the clause.
Correct Answer: c
Feedback: In this scenario, the patient initials the clause, and there is no reference
to gross negligence. Both delictual and contractual liability can be excluded by
way of an indemnity clause, provided the requirements of the Consumer
Protection Act are met. Section 51(1)(c) renders void any clause excluding liability
for gross negligence .
Question 5
The ombudsman appointed by the Health Professions Council of South Africa
must inter alia —
a) mediate in the case of minor transgressions referred to him or her for
mediation with a view to resolving such matters.
b) arbitrate in the case of minor transgressions referred to him or her for
arbitration with a view to resolving such matters.
c) investigate all complaints of unprofessional conduct by a registered medical
practitioner.
d) peruse and analyse all complaints received, categorise them according to their
significance and seriousness, and record each complaint against the name of the
respondent concerned as it appears in the register.
Correct Answer: a
Feedback: It is indeed one of the functions of the ombudsman to mediate in the
case of minor transgressions referred to him or her for mediation with a view to
resolving such matters .
choice) Questions And Answers.
LCR4802 EXAM PACK: KEY TOPICS & QUESTIONS
SECTION A: MULTIPLE-CHOICE QUESTIONS (With Answers and Feedback)
Question 1
The right to privacy enjoys recognition in section 14 of the Constitution. In the
context of medical law, the right to privacy also protects the confidentiality of
medical information. Which of the following statements accord with the
interpretation given by our courts to the right to privacy in the context of medical
law? Indicate ALL the options that you consider to be correct.
a) The importance of confidentiality is such that the legislature has declared the
breach thereof to be a criminal offence under certain circumstances.
b) The maintenance of confidentiality has a role to play in the promotion of health
care.
c) Health care professionals as custodians of medical records have autonomous
control over the dissemination of information contained therein.
d) A patient's right to privacy includes the right to control the dissemination of
information contained in his/her medical records.
Correct Answers: a, b, d
Feedback:
• a) Correct. In Tshabalala-Msimang v Makhanya, Jajbhay J confirmed that
the National Health Act criminalises breaches of confidentiality .
, • b) Correct. In NM v Smith, Madala J remarked that secure privacy rights
encourage individuals to seek treatment and disclose information without
fear of stigmatisation .
• c) Incorrect. Health professionals are custodians, not owners, of medical
records. They do not have autonomous control; the patient retains control.
• d) Correct. In Tshabalala-Msimang v Makhanya, the court held that the
right to privacy includes controlling dissemination of private medical
information as an aspect of human autonomy and dignity .
Question 2
Which ONE of the following BEST captures a child's constitutional right to basic
health care services as interpreted by the Constitutional Court?
a) The state is obliged to provide a child with the basic healthcare services
envisaged in section 28(1)(c) of the Constitution.
b) The state is obliged to provide a child with the basic healthcare services
envisaged in section 28(1)(c) of the Constitution, but if the state cannot afford to
do so, the parent should assume that responsibility in terms of section 28(1)(b).
c) A child's parent is obliged to provide the child with the basic healthcare services
envisaged in section 28(1) of the Constitution, but if the parent is unable to
provide such services to the child, the state should assume that responsibility in
terms of section 28(1)(b).
d) The state is not obliged to provide a child with the basic healthcare services
envisaged in section 28(1)(c) of the Constitution.
Correct Answer: c
Feedback: In Government of the Republic of South Africa v Grootboom 2001 (1) SA
46 (CC), the court confirmed that sections 28(1)(b) and (c) should be read
concurrently. In Minister of Health v Treatment Action Campaign (No 2) 2002 (5)
SA 721 (CC), the court found that the duty to provide such services rests primarily
on the parents. However, the state is obliged to ensure children enjoy protection
when parental care is not realised .
,Question 3
A preliminary inquiry is held by a preliminary committee of inquiry —
a) if the complaint received by the registrar falls outside the jurisdiction of the
Health Professions Council of South Africa.
b) to consider a complaint against a person registered in the register of the
professional board concerned in order to make a determination on the
appropriate manner of dealing with such a complaint.
c) when a professional conduct committee found evidence of poor clinical and
related performance during an investigation, or a pattern of such performance.
d) in the case of a minor transgression, with the view to resolving the matter
through mediation.
Correct Answer: b
Feedback: "Preliminary inquiry" is defined in the regulations as "an inquiry held in
terms of these regulations by a preliminary committee of inquiry to consider a
complaint against a person registered in the register of the professional board
concerned in order to make a determination on the appropriate manner of
dealing with such a complaint" .
Question 4
Assume that the healthcare industry has not been exempted from the provisions
of the Consumer Protection Act 68 of 2008. Which ONE of the following
indemnity clauses may POSSIBLY be valid and enforceable under the
circumstances mentioned?
a) An indemnity clause that purports to exclude delictual liability for causing a
patient's death in a negligent manner. The clause is drawn to the patient's
attention, but the patient does not initial it, and does not act in a manner
consistent with acceptance of the provision.
b) An indemnity clause that purports to exclude criminal liability for causing a
patient's death in a negligent manner. The clause is drawn to the patient's
attention in accordance with the provisions of the Act, and the patient initials the
clause.
c) An indemnity clause that purports to exclude delictual and contractual liability
, for physical injury to a patient resulting from the negligence of the nursing staff.
The clause is drawn to the patient's attention in accordance with the provisions of
the Act, and the patient initials the clause.
d) An indemnity clause that purports to exclude contractual liability for physical
injury to a patient resulting from the gross negligence of the doctor. The clause is
drawn to the patient's attention in accordance with the provisions of the Act, and
the patient initials the clause.
Correct Answer: c
Feedback: In this scenario, the patient initials the clause, and there is no reference
to gross negligence. Both delictual and contractual liability can be excluded by
way of an indemnity clause, provided the requirements of the Consumer
Protection Act are met. Section 51(1)(c) renders void any clause excluding liability
for gross negligence .
Question 5
The ombudsman appointed by the Health Professions Council of South Africa
must inter alia —
a) mediate in the case of minor transgressions referred to him or her for
mediation with a view to resolving such matters.
b) arbitrate in the case of minor transgressions referred to him or her for
arbitration with a view to resolving such matters.
c) investigate all complaints of unprofessional conduct by a registered medical
practitioner.
d) peruse and analyse all complaints received, categorise them according to their
significance and seriousness, and record each complaint against the name of the
respondent concerned as it appears in the register.
Correct Answer: a
Feedback: It is indeed one of the functions of the ombudsman to mediate in the
case of minor transgressions referred to him or her for mediation with a view to
resolving such matters .
