Document 0676
 DOCN  M95A0676
 TI    Uninfected patient can't win damages from doctor with AIDS.
 DT    9510
 SO    AIDS Policy Law. 1995 Apr 7;10(6):3-4. Unique Identifier : AIDSLINE
       AIDS/95700284
 AB    The Minnesota Supreme Court has ruled that damages cannot be awarded to
       a woman who claimed emotional distress after learning her doctor was
       HIV-positive. The doctor was allowed to continue practicing medicine as
       long as he took certain precautions and stopped performing surgery, with
       which he complied. When presented with the zone of danger argument, the
       court said that actual physical contact is not necessary to sustain a
       claim for emotional distress damages. However, the court said that the
       plaintiff was never in any imminent peril, citing the numerous resource
       materials about how HIV is spread. It also was determined that the
       doctor's conduct did not significantly increase the chance of the
       patient becoming infected, and he had no obligation to disclose that he
       was HIV-positive. This determination rendered void the plaintiff's
       ability to sue through the State's Consumer Fraud Act.
 DE    Acquired Immunodeficiency Syndrome/PSYCHOLOGY/*TRANSMISSION  Disease
       Transmission, Professional-to-Patient  Gloves, Protective  Human
       Jurisprudence  Minnesota  Risk Factors  Stress, Psychological
       NEWSLETTER ARTICLE

       SOURCE: National Library of Medicine.  NOTICE: This material may be
       protected by Copyright Law (Title 17, U.S.Code).