NCJ Number
114429
Date Published
1988
Length
160 pages
Annotation
Following a review of the medical background of AIDS and the present status of research and testing, tort and criminal liability for the knowing or unknowing sexual transmission of AIDS is assessed, and causes for action and possible defenses are described.
Abstract
Blood bank and hospital liability for transmission of AIDS resulting from negligence also is discussed. Discrimination against AIDS victims in hiring, termination, and employment conditions is examined in relation to caselaw and handicap-discrimination statutes. Two sets of liabilities faced by health care providers are delineated: those related to malpractice, including misdiagnosis, failure to inform or counsel, failure to report an AIDS diagnosis, and liability to third parties; and obligations to treat under common law, statute, and antidiscrimination law. Specific responsibilities of physicians, hospitals and hospital personnel, and funeral homes and cemeteries also are described. Issues relating to school participation of children with AIDS are addressed, and available legal remedies for unwarranted exclusion are described. Special issues relating to AIDS and insurance coverage, the military, immigration, and prisons also are examined. Appendixes provide additional information on legal resources, 1987 State legislation, housing and workplace discrimination, reporting, and handicap applicability Index.