SYDNEY, June 10 (AFP) - An Australian woman who contracted the AIDS virus from her husband successfully sued two doctors Tuesday for not warning her he was HIV positive when they went for joint tests.
The New South Wales state Supreme Court awarded the woman 727,000 dollars (472,500 US) after backing her argument that the doctors should not have assumed her partner would tell her about his positive test.
In a case with potential impacts on medical confidentiality, the court heard the 28-year-old woman, known only as PD, and her then fiance, FH, underwent tests for sexually transmitted diseases in November 1998.
PD's tests were clear but FH was HIV positive. The couple were not told each others' results and they subsequently married and had unprotected sex.
PD told the court she believed both tests were negative and Sydney doctors Nicholas Harvey and King Weng Chen should have warned her of her husband-to-be's condition.
Judge Jerrold Cripps today ruled that two doctors should have warned the woman's fiance he would be breaking the law if he did not tell her he had HIV.
"Had FH been asked whether he proposed to tell his future wife of his condition and been reminded at that time if he had sexual intercourse with her without telling her of it he was committing an offence he would, I infer, have said he would tell her," he said.
Outside the court, PD's lawyer David Hirsch said his client was happy with the judge's decision and relieved the court case was over.
"Of course she has indicated that no amount of money is going to replace what she has lost but she feels the judgement had vindicated her and she's pleased she had the nerve to take on the medical profession in a case like this," he said.
The Australian Medical Association said its legal experts were examining the implications of the case.
030610
AF030645
©AFP 2003. All Rights Reserved. AFP articles contained on the AEGiS web site may not be reproduced, distributed, transmitted, displayed, published or broadcast without AFP's prior written permission. You may make one copy of each article for your personal, non-commercial use only; more copies would require AFP's prior written permission. obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP stories, photos or graphics. - http://www.afp.com/
AEGiS is made possible through unrestricted grants from Boehringer Ingelheim, the National Library of Medicine, and donations from users like you. Always watch for outdated information. This article first appeared in 2003. This material is designed to support, not replace, the relationship that exists between you and your doctor.
©1990, 2003 - AEGiS. AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content.
