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Old 23rd Oct 2008, 20:16
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Pace
 
Join Date: Jan 2001
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Carrying sick people

I had an unusual request not that long ago. It involved being asked by a friend to fly to Spain to collect a dying friend of his whos family wanted him to return to the UK.

I agreed on principal to do it as a favour but wanted a letter from his family requesting I did the flight on a friendly basis and that they accepted the risk.

I was then informed by another friend that as Captain of an aircraft you are legally reponsible for the passenger and hold a duty of care.

Should he die enroute you could theoretically be sued by the family for the death even if they gave consent?

I believe and I may be wrong that in medical work that duty of care has to pass to a Doctor who stipulates whether the passenger can travel, the level of expertise he needs on board and the equiptment. The doctor then takes that duty of care away from the aircraft commander.

The prospective passenger then died meaning the trip never happened but it does beg the question with any disabled or ill passenger serious or less serious what the Captains responsibility is?

ie if you as a private pilot take someone up for a joy ride who has a known condition or is recovering from an operation or is in advanced state of pregnancy etc and becomes ill during that flight what your level of responsibility is as commander of the craft? I had so much opinion but was never sure which was correct.

Maybe SNS3Guppy or AME PPL might know.

Pace
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