The HIV Epidemic

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a transfusion, her doctor discovered that the blood was contaminated with HIV. Jennifer, however, was never informed. Three years later, Jennifer began dating Daniel Reesner, and she still was unaware of her infection. Later she was diagnosed with AIDS and died 1 month after the diagnosis. After learning of his girlfriend's death, Daniel tested positive for HIV. Did the physician have an obligation to inform Jennifer? If he failed to tell Jennifer, could he be held liable to her boyfriend years later? The California court answered both questions affirmatively.
In most US jurisdictions, there is little doubt that physicians have a legal duty to disclose a positive HIV test result to a patient. All patients have the right to be informed of relevant information about their own bodies and health. It also is likely that many courts would find a duty to warn known sexual and needle-sharingpartners. Nearly two decades ago, the California Supreme Court, in the landmark case of Tarasoff v ...

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