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M94A1944.TXT
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1994-10-24
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Document 1944
DOCN M94A1944
TI A clash of paradigms: development of U.S. law regarding the HIV-infected
health care worker.
DT 9412
AU Isbell MT; Gay Men's Health Crisis, New York, NY 10011.
SO Int Conf AIDS. 1994 Aug 7-12;10(1):416 (abstract no. PD0272). Unique
Identifier : AIDSLINE ICA10/94370631
AB OBJECTIVE: To summarize the development of U. S. law regarding the
HIV-infected health care worker (HCW). METHODS: Reported and available
unreported case law regarding HIV-infected HCWs was collected and
analyzed. RESULTS: Departing from the medical and public health
consensus in the U.S., courts have largely upheld employment
restrictions on HIV-infected HCWs, adopting in virtually every case an
analytic approach motivated by the desire to eliminate the risk of HIV
transmission. HIV-infected HCWs are most likely to prevail in litigation
when they are plaintiffs in employment discrimination actions and are
most vulnerable when they are sued by patients for their failure to
disclose their HIV infection. CONCLUSIONS: (1) The partial success of
infected HCWs in anti-discrimination litigation is explicable, at least
in part, by the nature of federal disability discrimination law, which
incorporates notions of relative risk; (2) The failure of infected HCWs
to prevail in informed consent litigation may be explained, at least in
part, by the emphasis of informed consent doctrine on patient autonomy,
which largely precludes consideration of systemic costs unrelated to the
individual patient; (3) The development of the law regarding
HIV-infected HCWs, which has resulted from an analytic approach focusing
on discrete legal doctrines rather than on a rational balancing of costs
and benefits, raises important concerns regarding American reliance on
the judiciary as a vehicle for development of public policy.
DE Health Personnel/*LEGISLATION & JURISPRUD Human *HIV Infections
Informed Consent/LEGISLATION & JURISPRUD *Prejudice *Public Policy
United States MEETING ABSTRACT
SOURCE: National Library of Medicine. NOTICE: This material may be
protected by Copyright Law (Title 17, U.S.Code).