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A case study of the constitutionality of proposed financial limitations on medical neglegence claims
Mini Dissertation (MPhil)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613545019998208 |
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| access_status_str | Open Access |
| author2 | Carstens, Pieter Albert, 1960- |
| author_browse | Carstens, Pieter Albert, 1960- |
| author_facet | Carstens, Pieter Albert, 1960- |
| collection | Thesis |
| dc_rights_str_mv | © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (MPhil)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/60054 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:50.718Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/60054 A case study of the constitutionality of proposed financial limitations on medical neglegence claims Carstens, Pieter Albert, 1960- wihann@vzlr.co.za Joubert, Johann Wilhelm UCTD medical neglegence RSA Constitution, 1996 Law theses SDG-16 SDG-16: Peace, justice and strong institutions Mini Dissertation (MPhil)--University of Pretoria, 2016. Dignity is the fundamental concept so many South Africans fought for during the previous political dispensation. The Constitution of the Republic of South Africa declares that dignity is a core value and that everyone has inherent dignity and the right to have their dignity respected and protected. Dignity has been described by the Constitutional Court as the most important of all human rights, and the source of all other personal rights in the Bill of Rights.1 The fact that so much emphasis is placed on human dignity requires a conception of a constitutional order in which the purpose of rights is not merely to protect individual liberty against state or private power but one in which state power is used to secure the goals of dignity and equality. Our case study researches the impact an adverse medical event has on a person?s dignity to ultimately answer the question whether the proposed limitation of the amount of damages payable due to medical negligence is constitutionally viable. Public Law MPhil Unrestricted 2017-04-26T11:51:41Z 2017-04-26T11:51:41Z 2017/04/06 2016 Mini Dissertation Joubert, JW 2016, An analysis of the constitutionality of capped compensation for medical negligence in SA context, MPhil Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60054> A2017 http://hdl.handle.net/2263/60054 en © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD medical neglegence RSA Constitution, 1996 Law theses SDG-16 SDG-16: Peace, justice and strong institutions A case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| title | A case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| title_full | A case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| title_fullStr | A case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| title_full_unstemmed | A case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| title_short | A case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| title_sort | case study of the constitutionality of proposed financial limitations on medical neglegence claims |
| topic | UCTD medical neglegence RSA Constitution, 1996 Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/60054 |