HIV: Fear of AIDS No Basis for Lawsuit Without Actual Exposure, Court Says
Legal Eagle Eye Newsletter for the Nursing Profession
June 1999
Quick Summary: A patient sued the estate of a surgeon who had performed two surgeries on her without disclosing he was HIV-positive before he himself died of AIDS.
The Appellate Court of Illinois ruled a physician does have a professional duty to disclose his or her own HIV status to a patient. However, unless there is evidence of actual exposure to HIV, the patient does not have the right to file a civil suit for apprehension over the possibility of HIV infection, the court ruled.
"Doe v. Noe," 707 N.E. 2d 588 (Ill. App., 1999).