Chronicles: Hospital disclaimers: Afrox Health Care v Strydom

Abstract

In Afrox Healthcare v Strydom 1 the Supreme Court of Appeal had to adjudicate on the enforceability of hospital disclaimers. The question arose as to whether a clause contained in the hospital’s admission form, which exempted the hospital from liability for the negligence of its staff, was enforceable against an aggrieved party. Most of the private hospitals in South Africa include this type of clause in their admission forms.2 According to Strauss, the reason for this is that our society is becoming increasingly litigious.3