On admission at Wilgeheuwel Hospital I was provided with a document "Terms and conditions of admission to hospital". Clause 2.3 of the document states that the company will not be liable for any injury or harm to the patient regardless of how this arises. Accordingly the patient would need to waive all rights even in cases of negligence.
My unhappiness stems from the fact when I wanted to delete this clause I was told that admission to hospital would be refused unless I agreed to these terms. As I had already paid the doctor, he does not work at other hospitals and at expense to my company and myself I had already taken leave to have this procedure done I was obliged to sign this document under duress which I voiced.
This document is in contradiction to the South African National Patients Rights Charter which clearly stipulates that the patient has the right to: - A healthy and safe environment, Access to safe healthcare, Exercise choice in healthcare services and be treated by a named healthcare provider.By forcing a patient to sign this clause these rights are in effect denied.
Refer to: Afrox Healthcare v CG Strydom. This patient lost his case after signing document.
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