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M94A1942.TXT
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1994-10-24
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Document 1942
DOCN M94A1942
TI Postmortem liability of a physician with AIDS.
DT 9412
AU Perry E; Lutz B; Mogabgab W; New Orleans Health Department.
SO Int Conf AIDS. 1994 Aug 7-12;10(1):416 (abstract no. PD0273). Unique
Identifier : AIDSLINE ICA10/94370633
AB OBJECTIVE: To survey legal actions filed against the succession of a
practicing physician who subsequently died of AIDS. METHOD: Using court
records we review five lawsuits against the succession of a New Orleans
physician who died in 1992. FINDINGS: A deceased hematologist performed
bone marrow transplantations until shortly before he died. All
transplant patients and donors apparently remain HIV negative. Those who
filed suit against his estate claim mental problems, inability to obtain
disability insurance, and fear of long term and unknown consequences
from potential HIV exposure. CONCLUSIONS AND DISCUSSIONS: 1. Health care
professionals positive for HIV face many unique problems including
lawsuits that can delay distribution of an estate. 2. Until clearcut
legal precedent denies litigation based on speculation and insignificant
risk, HIV positive health care workers carry yet another potential
burden--unwarranted, expensive and time consuming litigation to the
grave and beyond.
DE *Acquired Immunodeficiency Syndrome Bone Marrow
Transplantation/*LEGISLATION & JURISPRUD Case Report Human HIV
Seronegativity *HIV Seropositivity Insurance, Liability/LEGISLATION &
JURISPRUD Louisiana Male Malpractice/*LEGISLATION & JURISPRUD
Physicians/*LEGISLATION & JURISPRUD Tissue Donors/LEGISLATION &
JURISPRUD MEETING ABSTRACT
SOURCE: National Library of Medicine. NOTICE: This material may be
protected by Copyright Law (Title 17, U.S.Code).