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Publication AbstractsThe legal implications of preflight medical screening of civil airline passengersNewson-Smith MSAviat Space Environ Med 1997; 68:922-4 AbstractBackground: 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 determined that the legal implications of such screening needed to be considered. 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 contra-indications 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 contra-indications 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.
Information on subscribing, and on obtaining copies of an article or of an entire issue. Table of Contents for Volume 68, Number 10 of the ASEM journal.
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