Erroneous HIV test isn't grounds for recovering damages. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023. NLM AIDSLINE Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

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Erroneous HIV test isn't grounds for recovering damages. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Apr 21;10(7):3. Unique Identifier : AIDSLINE AIDS/95700418

Abstract: The Florida Supreme Court ruled that a Florida man cannot recover damages for the mental anguish he suffered for nineteen months after being misdiagnosed as HIV-positive. The court refused to drop the state's impact rule, which limits awards for mental anguish in negligence lawsuits to cases with underlying physical injuries or willful misconduct. The plaintiff, known as R.J., filed suit against Humana Hospital-Lucerne in Orlando, where he received the test; SmithKline Beecham Clinical Laboratories, which performed the test and analysis; and the doctor, William Robbins. Although the court rejected R.J.'s arguments, they gave him leave to file an amended complaint if he could demonstrate that the medical treatment he underwent as a result of his HIV diagnosis caused him physical injury.
Keywords: AIDS Serodiagnosis/*LEGISLATION & JURISPRUD Diagnostic Errors False Positive Reactions Florida Human Male NEWSLETTER ARTICLEKWDaidsserodiagnosis/KWDlegislation&jurispruddiagnosticerrorsfalsepositivereactionsfloridahumanmalenewsletterarticle
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