LCR 4802 ASSIGNMENT 1

ASSIGNMENT ONE SEMESTER TWO UNIQUE NUMBER: By SA Spittal Submitted in partial fulfilment of the requirements for the degree LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA (UNISA) SUPERVISOR: ADV LC COETZEE & DR L PIENAAR This study source was downloaded by from CourseH on :17:44 GMT -05:00 This study resource was shared via CourseH Scenario Yasmina suffers from depression. Her psychiatrist, Dr Mthuthuzeli, started treating her with an antidepressant some time ago. She reacted very well to the treatment. Yasmina moves to a new town and consults a local psychiatrist, Dr Xolani, mainly to obtain a Repeat script for the antidepressant originally prescribed by Dr Mthuthuzeli. Dr Xolani tells her that he does not like the antidepressant prescribed by Dr Mthuthuzeli. Instead, Dr Xolani prescribes a different antidepressant, Highdope, as well as a tranquiliser, Angstnomore. Yasmina starts taking the new medicines. To her dismay, she experiences many side effects, including insomnia, weight gain, daytime drowsiness, constipation, headache and sexual problems. Dr Xolani nevertheless insists that she continues taking the medicines he prescribed. In addition, he prescribes a sleeping pill, a laxative and pain medications. He insists that she should visit him weekly for an hour’s psychotherapy session. He encourages Yasmina to obtain all the medicine from the Megadose Pharmacy, which is situated directly adjacent to his consulting rooms. Yasmina engages in conversation with other patients in Dr Xolani’s waiting room on her weekly visits. She quickly notes that most of the other patients are taking the same medicines that Dr Xolani prescribed to her. After a considerable period, Yasmina receives her first account from Dr Xolani. She nearly falls off her chair! Dr Xolani’s consultation fee is more than thrice that of Dr Mthuthuzeli. Yasmina does not belong to a medical aid. She decides to discuss the outrageous fees with Dr Xolani during her next consultation, but before she could get to that, an extremely unpleasant thing occurs: Dr Xolani steers the discussion in the direction of her sexual problems and says that he could personally help her in this regard if she would have sexual intercourse with him. He immediately puts his words into action and fondles her indecently. Yasmina is highly upset and storms out of the consulting room. She starts investigating Dr Xolani’s actions and discovers that Megadose Pharmacy pays a commission to Dr Xolani for every prescription issued by him and dispensed by them. Furthermore, Cora Pitt, the agent responsible for distributing Angstnomore and Highdope, rewards Dr Xolani for every prescription he issues for either of these medicines. Yasmina visits you for legal advice. Advise Yasmina on the following questions, referring to applicable statutory provisions and the legal repercussions flowing from a transgression of the provisions, if any: This study source was downloaded by from CourseH on :17:44 GMT -05:00 This study resource was shared via C