In terms of the Consumer Protection Act 68 of 2008 (hereinafter referred to as “the Act”) it is important that consumers are provided with sufficient information relating to the specific nature of services being provided. This includes being informed of the possible risks and dangers if the manner of service delivery requested is not according to the service provider’s recommendations or industry standards.
In the circumstances, if the services being requested or products fitted and/or provided during service delivery are not as per the standards of the services generally provided by the supplier, for instance, the consumer request that a less durable product is fitted or provided in the services process, it is important that the service provider explain to his clients the possible risk and dangers of the product fitted or service delivery not confirming to general industry practices, which an ordinary alert consumer couldn’t reasonably know of. In the event that the consumer then is either injured, deceased or his/her property damaged due to such risk materializing the service provider has the necessary evidence to show that the consumer has been warned of the possible risk or dangers. The information being supplied must in terms of Section 49 of the Act be provided in such a way that an ordinary alert consumer will understand such information. Section 51 of the Act furthermore states that all possible risk of danger or injury which an ordinary alert consumer couldn’t reasonably know of should be provided to the consumer, this includes being provided with the necessary instruction manual of the product being supplied if available.
This is especially very relevant in the medical profession where medical procedures may include the fitment of medical supplies and/or equipment for instance prosthesis, etc. In the event of the patient requesting that the medical supplies or equipment fitted being supplied not being according to industry standards for instance: refurbished, pre-owned or not as durable as the industry-standard would require it is important that the necessary potential risks are discussed with and explained to the patient. The patient can then in the circumstances make an informed decision regarding the possible risks if the procedure itself or medical supplies or equipment fitted doesn’t adhere to industry standards. Pertaining to the services itself, in many cases follow up treatment and following an exercise routine is necessary in order to ensure that the procedure and or medical services supplied will be affective or have the best possible result. In the event patients not following the necessary exercise routine or attending follow up treatments they should be cautioned of the consequences of not following the medical professionals’ instructions i.e. that it may affect the result of such procedure negatively. The provision of the advice and warning of possible risks as discussed is especially important in the medical industry as medical procedures and services may affect the future life expectancy and quality of life for patients.
ABOUT THE AUTHOR
Jano Fourie is a SEESA Consumer Protection & POPI Legal Advisor since August 2011 and has almost 7 years previous experience as an attorney. He obtained his B A Law and LLB degrees from the University of Stellenbosch. He also obtained a Masters Degree in Tax Law from Unisa.