Contamination with HIV on the scene of an accident due to the negligence of paramedical professionals : challenges for determining legal liability - Franks v MEC for the Department of Health , Kwazulu-Natal

Abstract

The rights of “innocent” victims who have been infected with HIV due to unfortunate circumstances (such as motor-vehicle accidents and subsequent improper medical treatment), have up till now received no or very little attention in South African medical law. The primary focus in the assessment of medical negligence in this regard up till now, was on the negligent transfusion of blood contaminated with HIV. It is to be noted that the alleged legal liability on account of the negligent transmission of HIV, more often than not, was mainly dependant on the fact whether factual causation and legal causation could be determined or proved. It is for this reason that the present case under discussion offers legal dimensions of note, specifically in the field of the law relating to the negligence of paramedical professionals in particular, and medical negligence in general.