Source:http://linkedlifedata.com/resource/pubmed/id/11648611
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| Predicate | Object |
|---|---|
| rdf:type | |
| pubmed:dateCreated |
1994-4-28
|
| pubmed:keyword | |
| pubmed:language |
eng
|
| pubmed:journal | |
| pubmed:citationSubset |
E
|
| pubmed:status |
MEDLINE
|
| pubmed:month |
Mar
|
| pubmed:issn |
8750-2631
|
| pubmed:author | |
| pubmed:issnType |
Print
|
| pubmed:day |
9
|
| pubmed:volume |
620
|
| pubmed:owner |
KIE
|
| pubmed:authorsComplete |
Y
|
| pubmed:pagination |
327-39
|
| pubmed:dateRevised |
2008-11-21
|
| pubmed:otherAbstract |
KIE: The Court of Appeals of Maryland reversed a trial court decision that a surgeon had no duty to either warn his patients that he had tested HIV-positive or to refrain from operating. Two patients of an oncologist brought a negligence action against the estate of a surgeon for not informing them that he had tested HIV positive and later that he had AIDS. The lower court had concluded there was no right of action because there have been no reported cases of transmission of the virus from a surgeon to patient when the proper barriers and precautions are used and that the patients did, in fact, test negative six months after the operation, indicating it is highly unlikely that the virus had been introduced into their bodies. The court also dismissed the patients' complaint against the hospital at which the surgery was performed. The appellate court reversed, stating that a private right of action did exist as a matter of law against both the surgeon and the hospital. However, the patients could only recover for the emotional distress caused by their fear of acquiring AIDS between the time they learned of the surgeon's condition and the time they received their HIV-negative results.
|
| pubmed:meshHeading |
pubmed-meshheading:11648611-Acquired Immunodeficiency Syndrome,
pubmed-meshheading:11648611-Baltimore,
pubmed-meshheading:11648611-Compensation and Redress,
pubmed-meshheading:11648611-Disclosure,
pubmed-meshheading:11648611-Duty to Warn,
pubmed-meshheading:11648611-Economics,
pubmed-meshheading:11648611-General Surgery,
pubmed-meshheading:11648611-HIV Seropositivity,
pubmed-meshheading:11648611-Hospitals,
pubmed-meshheading:11648611-Humans,
pubmed-meshheading:11648611-Iatrogenic Disease,
pubmed-meshheading:11648611-Informed Consent,
pubmed-meshheading:11648611-Jurisprudence,
pubmed-meshheading:11648611-Liability, Legal,
pubmed-meshheading:11648611-Malpractice,
pubmed-meshheading:11648611-Patients,
pubmed-meshheading:11648611-Physicians,
pubmed-meshheading:11648611-Stress, Psychological,
pubmed-meshheading:11648611-Wounds and Injuries
|
| pubmed:year |
1993
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| pubmed:articleTitle |
Faya v. Almaraz.
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| pubmed:publicationType |
Legal Cases
|