The legal implications of preflight medical screening of civil airline passengers.
BACKGROUND
It has been suggested that meticulous preflight medical screening of airline passengers would prevent most in-flight medical emergencies and it has been estimated that medical assistance is sought on around 1 in 50 international flights on wide bodied domestic aircraft. It was considered that the legal implications of such screening needed to be determined.


METHODS
A literature review of current legislation, court cases, and legal and medical journals was conducted.


RESULTS
It was found that the legal problems with preflight medical screening fell into three areas: discrimination, right to free movement, and guidelines to medical contraindications to flying. It was considered that precluding someone from flying on medical grounds could in certain circumstances be construed as discriminatory or a breach of the basic human right of freedom of movement and, thus, unlawful. Current guidelines on medical contraindications to flying vary and there are presently no internationally agreed or legally enforceable protocols on the subject.


CONCLUSIONS
Pre-flight medical screening of civil airline passengers may offer a means of reducing in-flight morbidity, but the complexity of the legal issues involved are such that it is unlikely to be introduced in the near future.
Newson-Smith
M S
MS
Medical Service Limited, Eastbourne, United Kingdom.
D000337:Aerospace Medicine / Q000331:legislation & jurisprudence*; D001359:Aviation; D003254:Consumer Advocacy / Q000331:legislation & jurisprudence*; D005610:Freedom; D017408:Guidelines as Topic; D006801:Humans; D008403:Mass Screening / Q000331:legislation & jurisprudence*; D011287:Prejudice; D014481:United States