Foundations of Medical Law

Course description

Medical law is a popular and growing area of interest for health workers who must navigate and comply with the many laws governing their work. Medical litigation has become an area of concern for the Department of Health, draining the health budget and leading to dramatic increases in insurance premiums for health workers in private practice. The course coordinators, in addition to having legal qualifications, have lectured in law and medical ethics in health sciences faculties at the universities of Stellenbosch and the Witwatersrand. They are also trained in medical law.

This course will raise awareness of the legal issues that may arise in medical practice and will meet the needs of health workers for understanding the underlying principles of medical law and knowledge of key court cases in this subject area.
This course has been accredited by the HPCSA for 10 ETHICS CPD points.

Course details

There are four units which are spread over 8 weeks.

The first session in week 1 will be an orientation session on the course structure, deadlines,
assessment requirements and contact persons for assistance with the course and with Aspire. The participants will also receive orientation on working within the learning management system:
uploading their files, using the discussion forum, submitting written work etc. This will be a synchronous recorded session.
There are four units which are spread over 8 weeks.

Unit 1: THE LEGAL FRAMEWORK IN SOUTH AFRICAN MEDICAL LAW: Weeks 1 and 2
• Introduction to the South African legal system and sources of law
• The Constitution and the place of the Constitution in the South African legal framework
- Access to treatment, emergency care, privacy, informed consent, progressive realization and limitation of rights
• National Health Act 61 of 2003

Unit 2: SELECTED ISSUES IN MEDICAL LAW AND LANDMARK JUDGMENTS: Weeks 3, 4 and 5
Week 3:
• Reproductive Health
- Assisted reproduction
- Wrongful life, pregnancy, birth & sterilisation
- Termination of pregnancy
• Children’s rights
Week 4:
• Public health
• Mental health
Week 5:
• End of life decision-making
• Legal use and disposal of human tissue and remains
• Genetics and the law

Unit 3: MEDICAL MALPRACTICE IN SOUTH AFRICAN LAW: Week 6
• The law of contract, delict and criminal law relating to medical malpractice
• Negligence, misdiagnosis, errors of judgement

Unit 4: THE HEALTH WORKER AS EMPLOYEE: Weeks 7 and 8
• Use of social media
• Conscience-based refusals to perform procedures
• The disciplinary process at the Health Professions Council of South Africa

Statement of purpose

The purpose of this course is to equip health practitioners with the knowledge and application of the foundational principles of South African medical law. The participants will be introduced to the
linkages between medical law and the professional ethical guidelines in the South African health
context for the enhanced provision of legally compliant health services in their workplaces.

Course outcomes

1. Demonstrate integrated knowledge of the legislation, policies and legal framework relating to medical law in South Africa.
2. Integrate legislation, policies and legal framework and apply to the selected issues.
3. Identify and critically evaluate the landmark judgments in medical law in South Africa.
4. Critically evaluate proposals to deal with the medical malpractice crisis in South Africa.
5. Explain the complaints and disciplinary process at the health professionals’ regulatory body.
6. Critically interrogate the law and guidelines governing health employees.

Entry level requirements

- Health-related undergraduate degree or 3-year diploma.
- Law graduates who wish to gain an understanding of medical law are also eligible.
- Applications for RPL will be subject to the UWC RPL selection process.
NB: This course is only open to graduates as set out above, not matriculants.

Planned course dates

Next offering: 6 July 2026 - 28 August 2026
Applications open 6 April 2026. Application deadline: 30 June 2026

Assessment criteria

All assessments are online.

Assessment methods

Assessments will be continuous and will focus on the application of the learning to situations that arise in the health care setting i.e. assessments will test the ability of participants to practically apply theoretical knowledge and interactive learning to real-life scenarios.

All assessments are online.

Teaching & learning strategies

The teaching and learning strategy for this course aims to use the tools of a student-centred
interactive learning approach in an online course using both synchronous and asynchronous learning, teaching and assessment. Technology, the university’s learning management system will be used to interact with other participants, and with the lecturer.

Interactive learning promotes flexible access and interaction with the learning material by a diverse
student body.
Lectures and videos: course content will also be covered in online videos and narrated lectures
uploaded to Aspire, for participants, being busy professionals, to engage with the content in their
own time and answer the weekly class tests.
Court judgments: These will be uploaded from the UWC Law Library for the students and placed on
the course webpage.
Experiential learning: The participants will be given the tools to apply legal principles to medico-legal
dilemmas that they experience or have observed in their contexts.

Course material & equipment

The course timetable, assignments, schedule of activities, marking system and deadlines will
appear on the course webpage. The course webpage will house the online discussion forum,
lectures, videos, webinar recordings and links to Acts, regulations, court judgements, SALRC
and HPCSA guidelines.

• Recommended reading:
Saner, J: Basic Law for Doctors (LexisNexis South Africa, 2023).

• Required reading:
Medicalbrief, a free weekly online digest containing, inter alia, the latest news on medico-legal
policy matters, HPCSA disciplinary hearings and medico-legal matters in South African courts

• Legislation:
o The Constitution
o National Health Act 61 of 2003:
o Births & Deaths Registration Act 51 of 1992
o Choice on Termination of Pregnancy Act:
o Children’s Act 38 of 2005:
o Medical Schemes Act 131 of 1998
o Mental Health Care Act 17 of 2002
o Traditional Health Practitioners Act 22 of 2007
o Protection of Personal Information Act 4 of 2013

• SA Law Commission Report on Euthanasia and the Artificial Preservation of Life, 1998

• Health Professions Council of South Africa: Ethical Guidelines for Good Practice in the
Health Care Professions

• Case law:
The course is updated continuously with relevant judgments as they are handed down.

Modes of delivery

The distance learning online course will be hosted on the Pillar Seven Aspire learning management system with a semi-synchronous flow i.e course materials will be released on a fixed schedule and participants will receive emails when the course materials are uploaded. Participants can work on the course material in their own time.

Course venue

University of the Western Cape, using the Aspire online learning management system.