TERMS & CONDITIONS
INTERPRETATION
1.1 In this AGREEMENT and in the ANNEXURES to this AGREEMENT, clause headings are for convenience and are not to be used in its interpretation.
1.2 Unless the context indicates a contrary intention and expression, which denotes:
1.2.1 any gender includes the other genders;
1.2.2 a natural person includes a juristic person and vice versa;
1.2.3 the singular includes the plural and vice versa;
1.3 Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
1.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the AGREEMENT.
1.5 When any number of days is prescribed in this AGREEMENT, it shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on Saturday, Sunday or a Public Holiday, in which case the last day shall be the next succeeding day, which is not a Saturday, Sunday, or a Public Holiday.
1.6 Where figures are referred to in numerals and in words, if there is any conflict between the two, words shall prevail.
1.7 Expressions defined in this AGREEMENT shall bear the same meanings in schedules or annexures to this AGREEMENT, which do themselves, contain their own definitions.
1.8 Where any term is defined within the context of any particular clause in this AGREEMENT, the terms so defined, unless it is clear from the clause in question that the terms so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this AGREEMENT, notwithstanding that that term has not been defined in this interpretation.
1.9 The expiration or termination of this AGREEMENT shall not affect such of the provisions of this AGREEMENT as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have affect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
1.10 The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the AGREEMENT, shall not apply.
1.11 To the extent that any obligation of any party contained herein are signed on a date results in the use of any tense being inappropriate, such obligations shall be read in the appropriate tense.
1.12 This AGREEMENT will be construed and interpreted in terms of the Laws of South Africa.
2. DEFINITIONS
2.1 In this AGREEMENT the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
2.1.1 “AGREEMENT” means this Health Care Services Agreement and all its ANNEXURES;
2.1.2 “ANNEXURE” means ANNEXURES “A” and “B” attached to this AGREEMENT and which shall be regarded as part of this AGREEMENT;
2.1.3 “CONFIDENTIAL INFORMATION” means all information concerning the PATIENT or the DEPENDANT(S) including information relating to the PATIENT’S and or DEPENDANT(S’) health status, treatment, admission in a health establishment, health records and personal information;
2.1.4 “DEPENDANT(S)” means the person(s) listed on ANNEXURE “A”, who will be entitled to HEALTH CARE SERVICES in terms of this AGREEMENT;
2.1.5 “EFFECTIVE DATE” means the SIGNATURE DATE;
2.1.6 “FEES” means the amount(s) charged by the MEDICAL PRACTITIONER and or the PRACTICE for HEALTH CARE SERVICES which shall include disbursements;
2.1.7 “HEALTH CARE PROVIDER” means any third party registered in terms of any Law to provide HEALTH SERVICES;
2.1.8 “HEALTH CARE SERVICES” means medical services as defined by the ethical guidelines of the Health Professions Council of South Africa;
2.1.9 “HEALTH ESTABLISHMENT” means an establishment other than the PRACTICE, whether public or private, whether for profit or not, where HEALTH SERVICES and or treatment of patients are provided;
2.1.10 “HEALTH SERVICES” means any HEALTH CARE PROVIDER and or HEALTH ESTABLISHMENT providing health service, including but not limited to treatment of patients, diagnostic and or therapeutic interventions, nursing, rehabilitative, palliative, convalescent and preventative treatment as well as pathology, psychiatric, physio therapist and or radiology services;
2.1.11 “MEDICAL AID SCHEME” means the registered medical insurance of the PATIENT and or the DEPENDANT(S), which the PATIENT and DEPENDANT(S) may belong to, from time to time;
2.1.12 “MEDICAL PRACTITIONER” means Dr Serena Jade Cardoso, a registered medical practitioner and Heath Care Provider in terms of the Health Professions Act, 56 of 1974, as amended read with the National Health Act, 61 of 2003, as amended.
2.1.13 “PARTY” means the MEDICAL PRACTITIONER and the PATIENT as the PARTIES to this AGREEMENT, and PARTY means any one of them as the context may require;
2.1.14 “PATIENT” means the person described as the second PARTY on Page 1 of this AGREEMENT;
2.1.15 “PRACTICE” shall mean the Medical Practice, with Practice Number 0625914,
situated at 22 KLOOF NEK ROAD, TAMBOERSKLOOF, CAPE TOWN, WESTERN CAPE, SOUTH AFRICA;
2.1.16 “SIGNATURE DATE” shall mean the very business day on which this AGREEMENT is agreed to by the last party to do so.
3. APPOINTMENT OF MEDICAL PRACTITIONER
3.1 The PATIENT hereby appoints the MEDICAL PRACTITIONER to provide HEALTH CARE SERVICES to the PATIENT and or the DEPENDANT(S).
3.2 The MEDICAL PRACTITIONER hereby accepts the appointment as MEDICAL PRACTITIONER in terms of Clause 3.1, subject to the provisions of this AGREEMENT.
3.3 The PATIENT hereby declares that the contact information and personal detail provided in respect of the PATIENT and the DEPENDANT(S) are correct as at the SIGNATURE DATE and the PATIENT agrees to notify the PRACTICE in writing, immediately of any changes in respect thereof.
3.4 The PATIENT shall ensure that DEPENDANT(S) comply with the terms and provisions of this AGREEMENT.
4. DURATION
4.1 The appointment as MEDICAL PRACTITIONER in terms of Clause 3, shall be for an indefinite period.
4.2 Notwithstanding the provisions in Clause 4.1, either PARTY may terminate the MEDICAL PRACTITIONER’S appointment by giving 30 (thirty) days written notice, subject to cancellation of this AGREEMENT in terms of Clause 14, should any PARTY and or the DEPENDANT(S) breach any of the provisions of this AGREEMENT.
5. PROVISION OF HEALTH CARE SERVICES
5.1 The MEDICAL PRACTITIONER shall provide HEALTH CARE SERVICES in accordance with the standards prescribed by the Health Professions Act, 56 of 1974, as amended, read with the National Health Act, 61 of 2003, as amended.
5.2 The MEDICAL PRACTITIONER does not provide any guarantee that the HEALTH CARE SERVICES offered to the PATIENT and or the DEPENDANT(S) will be effective and or will cure the PATIENT’S and or DEPENDANT(S’) ill health.
5.3 The MEDICAL PRACTITIONER will inform the PATIENT and or DEPENDANT(S) seeking HEALTH CARE SERVICES of their health status, the range of diagnostic procedures and treatment options that may be available as well as of the benefits, risks, costs and consequences generally associated with each option before providing any HEALTH CARE SERVICE.
5.4 The MEDICAL PRACTITIONER will also inform the PATIENT and or the DEPENDANT(S) of their right to refuse HEALTH CARE SERVICES and will explain the implications, risks and obligations of such refusal, where after, should the PATIENT and or DEPENDANT(S) refuse the MEDICAL PRACTITIONER’S
recommended treatment, the PATIENT and or DEPENDANT(S) will be obliged to confirm his/her decision in this regard by signing a Discharge Certificate and Release of Liability Form.
5.5 The PATIENT and or the DEPENDANT(S) acknowledge that the MEDICAL PRACTITIONER could as a result of the nature of health care services required by other patients and or as a result of emergencies be forced to delay and or postpone appointments scheduled for the PATIENT and or the DEPENDANT(S) and accordingly indemnify and shall hold the MEDICAL PRACTITIONER an or the PRACTICE harmless in respect of any loss, damage or death suffered by the PATIENT and or the DEPENDANT(S) as a result of such delay or postponement.
5.6 Notwithstanding the provisions of Clause 5.5, the MEDICAL PRACTITIONER will take all reasonable steps to ensure provision of HEALTH CARE SERVICES to the PATIENT and or DEPENDANT(S).
5.7 The PATIENT and or DEPENDANT(S) agree to give the MEDICAL PRACTITIONER and or the PRACTICE at least 24 (twenty-four) hours’ notice of cancellation of an appointment for the purposes of obtaining HEALTH CARE SERVICES, failing which the appropriate cancellation fee set out in ANNEXURE “B” will be payable.
5.8 The PATIENT and or the DEPENDANT(S) shall not be entitled to substitute and or return any medicine, device or any item used or issued to the PATIENT and or the DEPENDANT(S) for the purpose of providing HEALTH CARE SERVICES and accordingly, the PATIENT shall not be entitled to any refund in respect of any such medicine, device and or item contemplated herein.
5.9 The PATIENT and or the DEPENDANT(S) shall adhere to the PRACTICE’S rules, policies and instructions issued from time to time.
5.10 The PATIENT and or the DEPENDANT(S) shall treat the MEDICAL PRACTITIONER and the employees of the PRACTICE with dignity and respect, failing which the MEDICAL PRACTITIONER may refuse to provide HEALTH CARE SERVICES.
6. CONSENT
6.1 Subject to the provisions of the National Health Act, the MEDICAL PRACTITIONER will not provide HEALTH CARE SERVICES to the PATIENT and or DEPENDANT(S) without their informed consent.
6.2 Notwithstanding Clause 6.1, if the PATIENT and or the DEPENDANTS(S) are unable to give consent as contemplated in Clause 6.1, the MEDICAL PRACTITIONER may provide HEALTH CARE SERVICES should it be authorised in terms of any Law or Court Order or should the failure to treat the PATIENT and or the DEPENDANT(S) result in a serious risk to public health or the death or irrecoverable damage to the health of the PATIENT and or the DEPENDANT(S).
7. CONFIDENTIALITY
7.1 The MEDICAL PRACTITIONER will not disclose CONFIDENTIAL INFORMATION of the PATIENT and/or DEPENDANT(S) to any person who is not required to be informed of such CONFIDENTIAL INFORMATION, excluding disclosure of CONFIDENTIAL INFORMATION to HEALTH CARE PROVIDERS for the purpose of rendering HEALTH SERVICES.
7.2 The adult PATIENT may authorise the MEDICAL PRACTITIONER to disclose the CONFIDENTIAL INFORMATION of the PATIENT and or their DEPENDANT(S) to any person not involved with the provision of HEALTH CARE SERVICES and or HEALTH SERVICES, in terms of this AGREEMENT.
7.3 Notwithstanding the provision of Clause 7.1 and 7.2 above, the MEDICAL PRACTITIONER shall be obliged to disclose CONFIDENTIAL INFORMATION of the PATIENT and or DEPENDANT(S) in terms of the relevant provisions of the National Health Act and or in terms of any other Law or Court Order that may require the MEDICAL PRACTITIONER to disclose such CONFIDENTIAL INFORMATION.
.
8. FEE STRUCTURE
8.1 Notwithstanding the fact that the PATIENT may be a member of a MEDICAL AID SCHEME the PATIENT agrees to the payment of the MEDICAL PRACTITIONER’S and or PRACTICES FEES, as amended from time to time.
8.2 The PATIENT agrees that the MEDICAL PRACTITIONER and or the PRACTICE may within their sole discretion, without the PATIENT’S consent determine, adjust and or amend FEES.
8.3 The PATIENT agrees that the MEDICAL PRACTITIONER and or the PRACTICE may charge FEES in excess of the rates and tariffs payable by the PATIENT’S MEDICAL SCHEME. Doctors’ in South Africa are free to levy fees according to what they regard as appropriate for services rendered based on their overheads.
8.4 The MEDICAL PRACTITIONER’S FEES exclude the fees and costs charged by HEALTH CARE PROVIDERS for HEALTH SERVICES.
8.5 The PATIENT agrees to discuss treatment costs BEFORE services and professional fees are rendered.
8.6 A MEDICAL AID SCHEME and their administrators do have justifiable grounds to inform the PATIENT that the MEDICAL PRACTITIONER’s costs are excessive according to their BENEFIT structure as there is no industry standard for doctor’s professional fees, all funders have different “medical aid rates” and funders provide BENEFITS to patients according to the package options selected by patients whilst doctor’s charge professional fees for services rendered to patients. Professional fees charged by doctors and BENEFITS may differ. A MEDICAL AID SCHEME determines the level of BENEFIT they are prepared to pay for services rendered.
9. PAYMENT
9.1 The PATIENT shall be personally liable to pay the MEDICAL PRACTITIONER’S account rendered in respect of HEALTH CARE SERVICES provided to the PATIENT and or the DEPENDANT(S), notwithstanding the fact that the PATIENT and or DEPENDANT(S) may be covered by a MEDICAL AID SCHEME.
9.2 The MEDICAL PRACTITIONER may assist the PATIENT, subject to written authorisation granted to the PRACTICE, to claim payments made by the PATIENT to the MEDICAL PRACTITIONER, in respect of HEALTH CARE SERVICES provided to the PATIENT and or the DEPENDANT(S), but it remains the PATIENT’S obligation to claim and ensure that benefits are paid by the MEDICAL AID SCHEME to the PATIENT as a refund of payments made to the MEDICAL PRACTITIONER.
9.3 The PATIENT shall be obliged to be fully acquainted with the rules of the MEDICAL AID SCHEME, including but not limited to what benefits are covered and what are not.
9.4 The MEDICAL PRACTITIONER and or the PRACTICE shall not become party to any dispute between the PATIENT and the MEDICAL AID SCHEME and accordingly, the PATIENT shall be responsible to personally lay and pursue any complaint against the MEDICAL AID SCHEME and to resolve disputes between the PATIENT and the MEDICAL SCHEME, without the intervention of the MEDICAL PRACTITIONER and or the PRACTICE.
9.5 The PATIENT will settle the full account in respect of HEALTH CARE SERVICES rendered to the PATIENT and or the DEPENDANT(S) on the same date that such HEALTH CARE SERVICES were rendered.
9.6 The PATIENT accepts full liability for payment of the account of any HEALTH CARE PROVIDER and agrees to pay such account directly to such HEALTH CARE PROVIDER.
10. PATIENT RESPONSIBILITIES
10.1 The PATIENT and or the DEPENDANT(S) shall take full responsibility for their health and health care, including but not limited to the PATIENT and or
DEPENDANT(S):
10.1.1 Learning to promote their own health and wellness.
10.1.2 Learning how to deal with illness, both acute and chronic.
10.1.3 Actively working to eliminate those unhealthy habits they have acquired over a lifetime.
10.1.4 Eating properly, exercising and striving to eliminate those stressors within their control.
10.1.5 Seeking medical advice when appropriate.
10.1.6 Understanding medical advice, they received.
10.1.7 Asking questions when they do not understand the advice offered.
10.1.8 Following the medical advice when mutually agreed upon between the MEDICAL PRACTITIONER and themselves.
10.1.9 Taking their medication as prescribed.
10.1.10 Notifying the MEDICAL PRACTITIONER prior to stopping their medication.
10.1.11 Notifying the MEDICAL PRACTITIONER should they have any adverse reaction
from their prescribed medication and treatment(s).
10.1.12 Keeping a list of all medication, both prescription and non-prescription (including herbals, homeopathic and nutraceutical), that they take and who prescribed them.
10.1.13 Bringing their medication list to the PRACTICE at every visit.
10.1.14 Knowing when they will need refills and not running out of medication.
10.1.15 Completing diagnostic tests by MEDICAL CARE PROVIDERS, in timely fashion.
10.1.16 Keeping their follow up appointment(s).
10.1.17 Seeing MEDICAL CARE PROVIDERS when necessary.
10.1.18 Understanding their diagnosis, learning about its effects on their body and how they can help manage it.
10.1.19 Being an active partner in their medical care.
10.1.20 Notifying the MEDICAL PRACTITIONER when they have added other professionals to their healthcare team.
10.1.21 Being honest about what they are doing, taking, and who they are seeing.
10.1.22 Understanding that without their active participation the MEDICAL PRACTITIONER’S ability to help them is limited.
11. COMPLAINTS
11.1 The PATIENT and or DEPENDANT(S) may lodge a written complaint at the PRACTICE should the PATIENT and or DEPENDANT(S) be dissatisfied with the conduct of any employee of the PRACTICE or the conduct of the MEDICAL PRACTITIONER.
11.2 Complaints must be lodged within 7 (seven) days of the incident giving rise to such complaint.
11.3 The PRACTICE will attempt to resolve the PATIENT’S and or DEPENDANT’S(S’) complaint within 7 (seven) days of receipt of a complaint lodged in terms of Clause 11.2, to the satisfaction of the PATIENT and or DEPENDANT(S).
11.4 The PARTIES may agree to extend any of the time limits in Clause 11.2 and 11.3 in order to ensure that complaints are resolved.
12. DISPUTES
The PATIENT and or DEPENDANT(S) may declare a dispute in respect of any unresolved complaint in accordance with the provisions of the Health Professions Act, 56 of 1974, as amended read with the National Health Act, 61 of 2003, as amended.
13. JURISDICTION
13.1 The PATIENT hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction, notwithstanding the amount involved, for the purpose of legal proceedings arising from any breach and or default of the PRACTICE and or the MEDICAL PRACTITIONER as well as the PATIENT and or
DEPENDANT(S).
13.2 The PATIENT shall be liable for all legal costs incurred in the collection of any outstanding amount, owing to the PRACTICE and or the MEDICAL PRACTITIONER, on the scale of attorney and own client including collection commission and interest at the maximum rate allowed by Law, from time to time.
13.3 The PATIENT and or DEPENDANT(S) agree that the PRACTICE and or MEDICAL PRACTITIONER may blacklist the PATIENT and or DEPENDANT(S), in respect of any unpaid account, rendered by the PRACTICE and or the MEDICAL PRACTITIONER, which remains unpaid for a period of 30 (thirty) days from the date that it was rendered.
13.4 Notwithstanding Clause 13.1, the PRACTICE and or MEDICAL PRACTITIONER may institute action against the PATIENT and or DEPENDANT(S) in the High Court of South Africa in respect of any dispute arising from this AGREEMENT.
14. BREACH
Should either PARTY commit a material breach of this AGREEMENT and fail to remedy such breach within 7 (seven) days of written notice requiring the breach to be remedied, then the party giving the notice will be entitled, at its option, either to cancel this AGREEMENT and claim damages or to claim specific performance of all the defaulting PARTY’S obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
15. NOTICES AND DOMICILIA
15.1 The PARTIES elect as their respective domicilia citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this AGREEMENT, their physical addresses and or email addresses on the first page of this AGREEMENT.
15.2 Any notice addressed to a PARTY at its physical address will be delivered by hand.
15.3 Any notice addressed to a PARTY at its email address will be sent electronically.
15.4 Any notice will be presumed, unless the contrary is proved, to have been given:
15.4.1 If hand delivered during business hours on a business day, on the day of delivery; and
15.4.2 if sent by email, on the first business day following the date of sending such email.
16. REMEDIES
No remedy conferred by this AGREEMENT is intended to be exclusive of any other remedy which is otherwise available at law, by statute or otherwise. Each remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law, by statute or otherwise. The election of any one or more remedy by either of the PARTIES shall not constitute a waiver by such PARTY of the right to pursue any other remedy.
17. SEVERANCE
If any provision of this AGREEMENT, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
18. ASSIGNMENT
Save as permitted by the provisions of this AGREEMENT, neither PARTY may cede any of its rights or delegate any of its obligations under this AGREEMENT.
19. GENERAL CO-OPERATION
The PARTIES shall co-operate with each other and execute and deliver to the other PARTY such other instruments and documents and take such other as my be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purpose of this
AGREEMENT.
20. COUNTERPARTS
This AGREEMENT may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Either PARTY may enter into this AGREEMENT by signing any such counterpart.
21. SURVIVAL OF RIGHTS, DUTIES AND OBLIGATIONS
Termination of this AGREEMENT for any cause shall not release either PARTY from any liability which at the time of termination has already accrued to the other PARTY of which thereafter may accrue in respect of any act or omission prior to such termination.
22. WAIVER
No waiver of any of the terms and conditions of this AGREEMENT will be binding for any purpose unless expressed in writing and signed by the PARTY giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either PARTY in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
23. WHOLE AGREEMENT
23.1 This AGREEMENT constitutes the whole of the AGREEMENT between the PARTIES relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the PARTIES.
23.2 The PARTIES agree that no other terms or conditions, whether oral or written, and whether express or implied, apply.
