The Application of the Consumer Protection Act in the South African Health Care Context: Concerns and Recommendations

Abstract

The article examines the application of the Consumer Protection Act 68 of 2008 in the health care context. Issues specifically considered are the introduction of no-fault liability and how this new development impacts on the health care sector; the impact of broadened consumer rights on medical practice in general, as well as relevant foreign and international law. In this regard, comparable legal provisions in the United States and European Union are addressed. The article concludes with a discussion of remedies and remedial procedures, including specific recommendations for health care providers and health care establishments to assist in ensuring that the services they deliver are compliant with the Act, based on conclusions drawn from the comparable international examples.