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The doctor and the drunk driver : shifting the paradigm
Mini Dissertation (MPhil)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613716962344960 |
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| access_status_str | Open Access |
| author2 | Carstens, Pieter Albert, 1960- |
| author_browse | Carstens, Pieter Albert, 1960- |
| author_facet | Carstens, Pieter Albert, 1960- |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (MPhil)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/56991 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:34.602Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/56991 The doctor and the drunk driver : shifting the paradigm Carstens, Pieter Albert, 1960- jhvonw@mweb.co.za Von Willich, Johan Heinrich UCTD Mini Dissertation (MPhil)--University of Pretoria, 2016. Injury and death on South African roads are at an unacceptably high level. Many of the causative incidents are due to drivers being under the influence of alcohol. Preventative and post incident actions by law enforcement agencies are ineffective. The judicial system also allows too many perpetrators to escape justice. This dissertation explores the possibility of the medical personnel, involved in treating the injured drunk driver, taking a more active role in delivering justice to the larger community. It is argued that while the doctor has a duty of care to his/her patient, inclusive of a duty of confidentiality, he/she also has a duty to the community put at risk by the drunk driver. In order to perform this latter duty some of the rights of the patient may have to be limited. In this study the current legal and ethical situation is considered and changes to the system are suggested to give better effect to the communal duty of the doctor. This is done with the Constitution and current South African law as a basis, whilst suggesting changes from an ethical and legal point of view. Applicable foreign law is also referred to. It is suggested that it be made mandatory for the doctor treating the injured driver to test for alcohol consumption, even without the involvement of law enforcement. The results of such tests should then be available, on request, to all affected parties, such as other injured persons and insurance companies. Achieving this will require changes to existing law and regulations. tm2016 Public Law MPhil Unrestricted 2016-09-26T07:00:08Z 2016-09-26T07:00:08Z 2016-09-02 2016 Mini Dissertation Von Willich, JH 2016, The doctor and the drunk driver : shifting the paradigm, MPhil Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/56991> S2016 http://hdl.handle.net/2263/56991 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD The doctor and the drunk driver : shifting the paradigm |
| title | The doctor and the drunk driver : shifting the paradigm |
| title_full | The doctor and the drunk driver : shifting the paradigm |
| title_fullStr | The doctor and the drunk driver : shifting the paradigm |
| title_full_unstemmed | The doctor and the drunk driver : shifting the paradigm |
| title_short | The doctor and the drunk driver : shifting the paradigm |
| title_sort | doctor and the drunk driver shifting the paradigm |
| topic | UCTD |
| url | http://hdl.handle.net/2263/56991 |