Time limit applies even if patient is unaware of infection. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714. A fee will apply.

Important note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.

Time limit applies even if patient is unaware of infection. Clearinghouse, AIDS Newsletter Database, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5714. A fee will apply.

AIDS Policy Law. 1997 Apr 18;12(7):1, 9. Unique Identifier : AIDSLINE AIDS/97702515

Abstract: No exception will be made for AIDS in Florida's strict four-year limit for filing medical malpractice claims arising from transfusions and contaminated blood. The State Supreme Court ruled that Francine Damiano, who contracted HIV from a blood transfusion in June 1986 but remained unaware of the contamination until April 1990, could not sue her obstetrician, Dr. Grover McDaniel. The late Mrs. Damiano's family argued that since HIV symptoms take a long time to develop, they were not aware of her injury; therefore, the time limit effectively denied them their constitutional right to sue. A county and district appeals court ruled that the family could not proceed with the suit. Florida's statute of repose was instituted to balance the rights of injured persons against health-care providers' indefinite liability.

Keywords: Adult *Blood Transfusion Female Florida HIV Infections/*TRANSMISSION Human Male Malpractice/*LEGISLATION & JURISPRUD NEWSLETTER ARTICLE
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