The majority judgment concludes Mr Oppelt was “constructively refused” treatment. But this seems to be another way of saying he did not get the treatment he ought to have received. This leads to the same question: was Mr Oppelt treated negligently? For the reasons that follow, I find he was not. In summary, Mr Oppelt’s right to receive emergency medical treatment was not breached, and finding that it was doesn’t help us with the crucial question, which is negligence.
Cameron J in Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape (CCT185/14)  ZACC 33 (14 October 2015) at para 105 [minority judgment]