Franks v MEC for the Department of Health for the Province of Kwazulu-Natal (2958/02)
Franks v MEC for the Department of Health for the Province of Kwazulu-Natal (2958/02) [2010] ZAKZPHC 1 (20 January 2010)
The court found, on the balance of probabilities, that the defendant's paramedics failed to exercise the degree of care and skill required of reasonable paramedical professionals. The evidence established that the paramedics handled both the deceased and the plaintiff at the accident scene, did not reliably follow protocols to prevent cross-contamination, and attempted medical interventions for which they were not qualified. The plaintiff's infection was temporally linked to the accident, and all other possible sources of HIV infection were excluded by credible expert testimony. The court pre…
Source excerpt
- Medical Negligence
- Causation
- Aquilian Action
- Cross Contamination
- Hiv Transmission