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https://hdl.handle.net/1959.11/13026
Title: | Medical Vectors: Surgical HIV Transmission and the Location of Culpability | Contributor(s): | Waldby, Catherine (author); Houlihan, Annette (author); Crawford, June (author); Kippax, Susan (author) | Publication Date: | 2005 | DOI: | 10.1525/srsp.2005.2.2.23 | Handle Link: | https://hdl.handle.net/1959.11/13026 | Abstract: | This paper investigates the first documented case of non-transfusion-related surgical HIV transmission in a developed country, Australia. In 1989, four women were infected with HIV as a result of surgical procedures in a private clinic. A subsequent medical tribunal failed to establish medical negligence or a failure of infection control procedures on the part of the surgeon. We use this case to interrogate some of the assumptions about human culpability that feature in both HIV epidemiology and criminal law approaches to HIV transmission. We argue that these models for explaining viral spread overestimate the role of human agency and underestimate the importance of anonymous, contingent, material relations between viruses, bodies, and technologies. We suggest that the medical tribunal model, with its implicit recognition of viral agency and the impossibility of eliminating risk, offers an alternative model of justice to the criminal justice system, with its exclusive focus on human agency. | Publication Type: | Journal Article | Source of Publication: | Sexuality Research and Social Policy, 2(2), p. 23-30 | Publisher: | Springer New York LLC | Place of Publication: | United States of America | ISSN: | 1553-6610 1868-9884 |
Fields of Research (FoR) 2008: | 160299 Criminology not elsewhere classified 180119 Law and Society |
Socio-Economic Objective (SEO) 2008: | 940499 Justice and the Law not elsewhere classified | Peer Reviewed: | Yes | HERDC Category Description: | C1 Refereed Article in a Scholarly Journal |
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Appears in Collections: | Journal Article |
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