About the publication:
In this book, Pat van den Heever
assesses the application of the doctrine of a loss
of a chance in medical negligence cases in South
Africa. He emphasises the difficulties often encountered
by courts when adjudicating on causation in medical
negligence cases in the face of multiple causation
theories. On the basis of a thorough review of the
position regarding the doctrine of a loss of a chance
in The United States of America, Australia and Britain,
he proposes for South Africa a de lege ferenda
loss of chance model for application in medical
negligence matters.
As the first ever major work dealing
with the application of the doctrine of a loss of
a chance in medical negligence matters in South
Africa, this book is of interest to the courts and
the legal profession generally, legal academics
working in the field of medical law and the law
of delict, health care providers, and members of
the medical and allied professions, their councils,
associations and protection societies.
"This publication
is the first authoritative and substantive research
on the doctrine of a loss of a chance in the
context of medical negligence in South African
medical law ... Dr van den Heever's thorough
and comprehensive comparative approach and discussion
of the doctrine here, is commendable ... [T]his
publication is indeed timely!"
- Pieter Carstens, Professor of Medical Law,
University of Pretoria
About
the author:
Patrick van den Heever holds the following academic
qualifications: B Iuris LLB (University of the Free
State), LLM (Medical Law, University of Cape Town),
LLD (Medical Law, University of Pretoria). He is
presently a practising attorney in Cape Town, South
Africa where he has been specialising in cases of
medical malpractice since 1984. He has published
several academic articles on medical law and is
a past recipient of the prestigious Digma prize
for first contributions to the Attorney’s
journal De Rebus. He is also the first recipient
of the Cape Law Society’s certificate for
landmark contribution of the year in respect of
his doctoral thesis on Medical Law in 2003. During
2004 he was appointed as an Acting Judge in the
Cape High Court.
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