NCJ Number
115564
Journal
Duke Law Journal Volume: 1988 Issue: 1 Dated: (February) Pages: 29-70
Date Published
1988
Length
42 pages
Annotation
This article discusses the legal and ethical issues facing health care professionals regarding their personal health concerns while caring for HIV seropositive patients.
Abstract
Physicians are bound under the doctrine of abandonment in their treatment of HIV seropositive patients; Hospitals and other health care facilities are governed by other doctrines deriving from common and statutory law, such as the common law doctrine of reliance upon a gratuitous undertaking. The ethical responsibilities of physicians to treat HIV seropositive patients appear less clear cut, as evidenced by spirited debate among medical professionals and organizations such as the American Medical Association. Practical remedies include developing private insurance for health care workers who accidentally contract AIDS during their care of HIV seropositive patients. Because private insurance will not stop tort and workers' compensation claims by those health care workers who are infected with AIDS in the course of their work, it will be necessary to develop a new compensation system for these people. The author proposes that the federal and State governments assume the financial burden of an occupational AIDS compensation system. 211 footnotes.