The doctor and the drunk driver : shifting the paradigm

Abstract

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.