LCR4802- REVISION QUESTIONS
2009→ Semester : Ass. 01
Question 1
(a) The Constitution entrenches the right to life of everyone, including every foetus.
(b) If a hospital unfairly refuses to admit a patient in need of emergency medical treatment
for treatment it can amount to a contravention of the provisions of the Constitution, the
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, and the
National Health Act 61 van 2003.
(c) In the exercise of its disciplinary function, the Health Professions Council of South
Africa is bound by the constitutional provisions dealing with administrative justice as
well as the Promotion of Administrative Justice Act 3 of 2000.
(1) Only statements (a) and (b) are correct.
(2) Only statements (b) and (c) are correct.
(3) Only statements (a) and (c) are correct.
(4) All of the above statements are correct.
(5) Only statement (c) is correct.
Question 2
(a) A doctor employed by a public hospital may not refuse to attend to a particular type of
patient, such as a patient with AIDS.
(b) The Constitution does not guarantee comprehensive health-care services for children.
(c) The right to emergency medical treatment as contained in section 27 of the
Constitution implies (inter alia) that nobody who suffers a sudden catastrophe calling
for immediate medical attention should be turned away from a hospital that is able to
provide the necessary treatment.
(1) All of the above statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (a) and (c) are correct.
(4) Only statements (b) and (c) are correct.
(5) Only statement (a) is correct.
Question 3
(a) The Minister of Health may prescribe conditions for the provision of free health services
at public-health establishments to those who, in terms of statute, qualify for such free
services.
(b) The state is obliged to provide free termination of pregnancy services to a woman who
is a member of a medical-aid scheme.
(c) As a general rule, the discretion to admit a patient to a state hospital rests with its
superintendent.
(1) Only statements (a) and (b) are correct.
(2) Only statements (b) and (c) are correct.
,(3) Only statements (a) and (c) are correct.
(4) All of the above statements are correct.
(5) Only statement (a) is correct.
Question 4
(a) A person not registered as a medical practitioner or intern in terms of the Health
Professions Act 56 of 1974 commits a crime if he/she advises any person on the
person’s physical state for gain.
(b) A person registering for the first time as a medical practitioner will be required to
perform remunerated medical community service for a period of two years before being
entitled to practise the profession.
(c) When dispensing, a pharmacist must substitute an interchangeable multisource
medicine for the medicine prescribed by the doctor, even if the patient expressly forbids
the pharmacist to do so.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (a) and (c) are correct.
Question 5
(a) The Medical and Dental Professional Board may institute ad hoc disciplinary-appeal
committees.
(b) The Health Professions Council of South Africa has already made rules specifying the
acts or omissions in respect of which a professional board may take disciplinary steps
against practitioners.
(c) A professional board may punish a practitioner who has been found guilty of
unprofessional conduct with a fine of R10 000 and compulsory professional service for
a period of 800 hours.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (b) and (c) are correct.
Question 6
(a) The registration certificate of a practitioner suspended for a period of 12 months after
being found guilty of unprofessional conduct by a professional board is deemed to be
cancelled until the period of 12 months has expired.
(b) Medical practitioners have the inherent capacity to dispense medicine.
(c) If a patient died in the course of an operation there must first be an inquest before a
death certificate may be issued.
(1) Only statement (a) is correct.
(2) Only statement (c) is correct.
(3) Only statements (a) and (b) are correct.
,(4) Only statements (a) and (c) are correct.
(5) Only statements (b) and (c) are correct.
Question 7
(a) A doctor does not need his/her patient’s consent to examine the patient’s medical
records for the purpose of treatment.
(b) As a general rule, a doctor in private practice is at liberty to accept or refuse a person
as a patient.
(c) If a patient fails to honour an appointment with a medical practitioner the doctor can
claim damages for any financial loss that the doctor suffered as a result of such failure.
(1) All of the above statements are correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (b) and (c) are correct.
Question 8
(a) In a medical practice constituted in the form of a partnership a lazy partner will share
equally in the profits despite his/her small contribution to the success of the practice.
(b) It is legally/juridically impossible for a doctor to prevent another doctor in his/her
employ from competing with him/her upon termination of employment by practicing in
the same neighbourhood.
(c) A medical practitioner’s failure to treat a patient will be deemed unlawful if in the
circumstances the failure conflicts with the legal convictions of the community.
(1) Only statement (a) is correct.
(2) Only statements (b) and (c) are correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (a) and (c) are correct.
(5) All of the above statements are correct.
Question 9
(a) If a reasonable patient, if warned of a particular risk, would not attach significance to it,
the doctor need not inform the patient of the risk, even if the doctor has reason to
believe that the particular patient would indeed attach significance to it.
(b) Under certain circumstances, a medical intervention may be performed on a patient
without his/her consent, and even against his/her will, in the interest of safeguarding
the public interest.
(c) The National Health Act 61 of 2003 does not authorise a doctor to administer a blood
transfusion necessary to save the life of an unconscious patient to the patient where
the patient previously made known that he/she is opposed to blood transfusions.
(1) All of the above statements are correct.
(2) Only statement (b) is correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (a) and (c) are correct.
, (5) Only statements (b) and (c) are correct.
Question 10
(a) S v De Bellocq 1975 (3) SA 538 (T), the case in which the mother drowned her
severely handicapped baby in the washbasin, is authority for the recognition of the
lawfulness of active euthanasia in South African law.
(b) In S v Hartmann 1975 (3) SA 532 (C), Van Winsen JP expressed the view that the
accused would have been acquitted if his father had expressed a wish to die and the
accused consequently merely gave expression to his father’s will by killing him.
(c) In The sanctity of human life (1984) 24 at 25, Ellison Kahn expresses the view that the
doctor who in genuinely and reasonably trying to relieve the pain of his/her patient
indirectly hastens the death of the patient is not guilty of murder, because the doctor’s
conduct was not unlawful.
(1) Only statements (a) and (c) are correct.
(2) Only statements (b) and (c) are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
(5) Only statement (c) is correct.
2009-→Semester 1: Ass 02
Question 1
(a) A person may be admitted to a psychiatric hospital without his/her consent if the person
suffers from severe depression and is on the verge of committing suicide.
(b) The Mental Health Care Act 17 of 2002 and the National Health Act 61 of 2003 both
afford limited recognition to therapeutic privilege.
(c) S v Hartmann 1975 (3) SA 532 (C) is authority for the recognition of the lawfulness of
active euthanasia at the request of the person who is suffering.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (b) and (c) are correct.
(5) All of the above statements are correct.
Question 2
After thoroughly examining X a doctor determines that X suffers from a mental illness. X’s
wife, Y, applies to a mental institution for treatment for X since she believes that he will
benefit from such treatment and since X is not mentally capable of consenting to such
treatment.
Indicate which of the following statement(s) are correct:
(a) In terms of section 27 of the Mental Health Care Act 17 of 2002, the head of the
mental-health establishment may, without taking anything else into consideration,
approve assisted intervention as an inpatient if satisfied that the restrictions of the
rights of the mental-health-care user to movement, privacy and dignity are
2009→ Semester : Ass. 01
Question 1
(a) The Constitution entrenches the right to life of everyone, including every foetus.
(b) If a hospital unfairly refuses to admit a patient in need of emergency medical treatment
for treatment it can amount to a contravention of the provisions of the Constitution, the
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, and the
National Health Act 61 van 2003.
(c) In the exercise of its disciplinary function, the Health Professions Council of South
Africa is bound by the constitutional provisions dealing with administrative justice as
well as the Promotion of Administrative Justice Act 3 of 2000.
(1) Only statements (a) and (b) are correct.
(2) Only statements (b) and (c) are correct.
(3) Only statements (a) and (c) are correct.
(4) All of the above statements are correct.
(5) Only statement (c) is correct.
Question 2
(a) A doctor employed by a public hospital may not refuse to attend to a particular type of
patient, such as a patient with AIDS.
(b) The Constitution does not guarantee comprehensive health-care services for children.
(c) The right to emergency medical treatment as contained in section 27 of the
Constitution implies (inter alia) that nobody who suffers a sudden catastrophe calling
for immediate medical attention should be turned away from a hospital that is able to
provide the necessary treatment.
(1) All of the above statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (a) and (c) are correct.
(4) Only statements (b) and (c) are correct.
(5) Only statement (a) is correct.
Question 3
(a) The Minister of Health may prescribe conditions for the provision of free health services
at public-health establishments to those who, in terms of statute, qualify for such free
services.
(b) The state is obliged to provide free termination of pregnancy services to a woman who
is a member of a medical-aid scheme.
(c) As a general rule, the discretion to admit a patient to a state hospital rests with its
superintendent.
(1) Only statements (a) and (b) are correct.
(2) Only statements (b) and (c) are correct.
,(3) Only statements (a) and (c) are correct.
(4) All of the above statements are correct.
(5) Only statement (a) is correct.
Question 4
(a) A person not registered as a medical practitioner or intern in terms of the Health
Professions Act 56 of 1974 commits a crime if he/she advises any person on the
person’s physical state for gain.
(b) A person registering for the first time as a medical practitioner will be required to
perform remunerated medical community service for a period of two years before being
entitled to practise the profession.
(c) When dispensing, a pharmacist must substitute an interchangeable multisource
medicine for the medicine prescribed by the doctor, even if the patient expressly forbids
the pharmacist to do so.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (a) and (c) are correct.
Question 5
(a) The Medical and Dental Professional Board may institute ad hoc disciplinary-appeal
committees.
(b) The Health Professions Council of South Africa has already made rules specifying the
acts or omissions in respect of which a professional board may take disciplinary steps
against practitioners.
(c) A professional board may punish a practitioner who has been found guilty of
unprofessional conduct with a fine of R10 000 and compulsory professional service for
a period of 800 hours.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (b) and (c) are correct.
Question 6
(a) The registration certificate of a practitioner suspended for a period of 12 months after
being found guilty of unprofessional conduct by a professional board is deemed to be
cancelled until the period of 12 months has expired.
(b) Medical practitioners have the inherent capacity to dispense medicine.
(c) If a patient died in the course of an operation there must first be an inquest before a
death certificate may be issued.
(1) Only statement (a) is correct.
(2) Only statement (c) is correct.
(3) Only statements (a) and (b) are correct.
,(4) Only statements (a) and (c) are correct.
(5) Only statements (b) and (c) are correct.
Question 7
(a) A doctor does not need his/her patient’s consent to examine the patient’s medical
records for the purpose of treatment.
(b) As a general rule, a doctor in private practice is at liberty to accept or refuse a person
as a patient.
(c) If a patient fails to honour an appointment with a medical practitioner the doctor can
claim damages for any financial loss that the doctor suffered as a result of such failure.
(1) All of the above statements are correct.
(2) Only statement (b) is correct.
(3) Only statement (c) is correct.
(4) Only statements (a) and (b) are correct.
(5) Only statements (b) and (c) are correct.
Question 8
(a) In a medical practice constituted in the form of a partnership a lazy partner will share
equally in the profits despite his/her small contribution to the success of the practice.
(b) It is legally/juridically impossible for a doctor to prevent another doctor in his/her
employ from competing with him/her upon termination of employment by practicing in
the same neighbourhood.
(c) A medical practitioner’s failure to treat a patient will be deemed unlawful if in the
circumstances the failure conflicts with the legal convictions of the community.
(1) Only statement (a) is correct.
(2) Only statements (b) and (c) are correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (a) and (c) are correct.
(5) All of the above statements are correct.
Question 9
(a) If a reasonable patient, if warned of a particular risk, would not attach significance to it,
the doctor need not inform the patient of the risk, even if the doctor has reason to
believe that the particular patient would indeed attach significance to it.
(b) Under certain circumstances, a medical intervention may be performed on a patient
without his/her consent, and even against his/her will, in the interest of safeguarding
the public interest.
(c) The National Health Act 61 of 2003 does not authorise a doctor to administer a blood
transfusion necessary to save the life of an unconscious patient to the patient where
the patient previously made known that he/she is opposed to blood transfusions.
(1) All of the above statements are correct.
(2) Only statement (b) is correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (a) and (c) are correct.
, (5) Only statements (b) and (c) are correct.
Question 10
(a) S v De Bellocq 1975 (3) SA 538 (T), the case in which the mother drowned her
severely handicapped baby in the washbasin, is authority for the recognition of the
lawfulness of active euthanasia in South African law.
(b) In S v Hartmann 1975 (3) SA 532 (C), Van Winsen JP expressed the view that the
accused would have been acquitted if his father had expressed a wish to die and the
accused consequently merely gave expression to his father’s will by killing him.
(c) In The sanctity of human life (1984) 24 at 25, Ellison Kahn expresses the view that the
doctor who in genuinely and reasonably trying to relieve the pain of his/her patient
indirectly hastens the death of the patient is not guilty of murder, because the doctor’s
conduct was not unlawful.
(1) Only statements (a) and (c) are correct.
(2) Only statements (b) and (c) are correct.
(3) Only statement (a) is correct.
(4) Only statement (b) is correct.
(5) Only statement (c) is correct.
2009-→Semester 1: Ass 02
Question 1
(a) A person may be admitted to a psychiatric hospital without his/her consent if the person
suffers from severe depression and is on the verge of committing suicide.
(b) The Mental Health Care Act 17 of 2002 and the National Health Act 61 of 2003 both
afford limited recognition to therapeutic privilege.
(c) S v Hartmann 1975 (3) SA 532 (C) is authority for the recognition of the lawfulness of
active euthanasia at the request of the person who is suffering.
(1) Only statement (a) is correct.
(2) Only statement (b) is correct.
(3) Only statements (a) and (b) are correct.
(4) Only statements (b) and (c) are correct.
(5) All of the above statements are correct.
Question 2
After thoroughly examining X a doctor determines that X suffers from a mental illness. X’s
wife, Y, applies to a mental institution for treatment for X since she believes that he will
benefit from such treatment and since X is not mentally capable of consenting to such
treatment.
Indicate which of the following statement(s) are correct:
(a) In terms of section 27 of the Mental Health Care Act 17 of 2002, the head of the
mental-health establishment may, without taking anything else into consideration,
approve assisted intervention as an inpatient if satisfied that the restrictions of the
rights of the mental-health-care user to movement, privacy and dignity are
