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A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments
Mini Dissertation (MPhil)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613598768955392 |
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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 | © 2017 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, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/60047 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:42.081Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| 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:2263/60047 A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments Carstens, Pieter Albert, 1960- danella.gioia@gmail.com Gioia, Daniella Elsa UCTD Mini Dissertation (MPhil)--University of Pretoria, 2017. To determine to whom liability will attach when an act of medical negligence were to occur onboard an international Common Carrier airflight ? ? The airline for not providing / creating adequate conditions for medical assistance / healthcare; ? The medical practitioner, as a good Samaritan, for providing substandard care, albeit in less than ideal surroundings; ? The medical insurer, based on an ethical duty to indemnify / cover its doctors? The main focus of the study will therefore be to clarify whether either the airline itself or the doctor in their personal capacity providing assistance, could be held liable, alternatively jointly liable, in the event of a procedure being performed on?board a commercial carrier which procedure then does not go according to plan. Any refusal by a medical practitioner to treat a passenger in distress, albeit for a sound reason, would certainly pose an ethical dilemma to the practitioner on board. In this critical analysis of medical negligence in the context of international law, specifically pertaining to long?distance international airline flights, the focus shall fall on the liability of any medically negligent act as well as the duty of care and such standard of care provided in accordance with such duty. It will further be to determine whether the passengers? Constitutional right to healthcare in terms of section 27 of the Constitution ?trumps? all other rights, including the medical practitioners? right to refusal to provide medical treatment? Public Law MPhil Unrestricted 2017-04-26T11:51:39Z 2017-04-26T11:51:39Z 2017/04/06 2017 Mini Dissertation Gioia, DE 2017, A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments, MPhil Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60047> A2017 http://hdl.handle.net/2263/60047 en © 2017 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 A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments |
| title | A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments |
| title_full | A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments |
| title_fullStr | A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments |
| title_full_unstemmed | A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments |
| title_short | A proposed protocol of medical negligence on-board International Common Carrier Flights in the context of international law treaties and/or Instruments |
| title_sort | proposed protocol of medical negligence on board international common carrier flights in the context of international law treaties and or instruments |
| topic | UCTD |
| url | http://hdl.handle.net/2263/60047 |