Autonomy, beneficence, and informed consent: rethinking the connections. I.
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Just a year ago most authorities considered the chances of patients contracting AIDS from doctors and other healthcare workers a virtual impossibility. But last week a Florida woman who got AIDS from her dentist lay near death, and two Minneapolis physicians admitted they had treated hundreds of patients since being diagnosed with the virus. Although doctors are at far greater risk than patients, the Minneapolis cases renewed the debate over the right of sides to know each other's HIV status.
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In this paper, read at a conference on 'Law, Medicine and Human Rights', at Sun City in August 1987, the South African case law and legal opinion on the patient's right to be informed of, and the doctor's corresponding duty to disclose, the risks and dangers inherent in the medical intervention involved are systematized, expounded and discussed. The conclusion arrived at is that, although a variety of issues concerning the scope and test of disclosure have not yet been settled, the principle of patient autonomy and its corollary, informed consent, have received clear recognition in South African medical law.
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