Liability for the health of detainees.
District surgeons have a statutory duty to provide medical treatment to detainees held in terms of the State of Emergency. District surgeons enjoy no special protection or immunity by reason of their position. Accordingly, they may be held legally liable for the consequences of negligent treatment or the failure to treat when circumstances so demand. In addition, a district surgeon who behaves unethically in the course of his or her statutory duties would be subject to the disciplinary jurisdiction of the Medical and Dental Council.
Marcus
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Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg.
D006296:Health Services; D006801:Humans; D007603:Jurisprudence; D010819:Physician's Role; D011329:Prisoners; D013019:South Africa