ADVERTISEMENT



Google       
Call (866) 635-2689 for a free Personal Injury evaluation by attorney in your area.

Home -> Law Blog Directory -> Personal Injury Law Blogs -> Orlando Injury Lawyer Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Personal Injury Law

: Orlando Injury Lawyer Blog

Injury from HIV Disclosure

ADVERTISEMENTS

Injury lawyers recognize the damage which can result when privacy rights are violated. However, Florida law has restricted recovery for emotional damages where the injury victim does not suffer a physical injury. Recently, the Florida Supreme Court has ruled that a person or company that discloses the results of HIV testing in violation of a patient's privacy rights can be sued for damages.

In Florida Department of Corrections v. Lisa Abril, the court carved out an exception to Florida?s impact rule. This rule states that "emotional distress suffered must flow from physical injuries the plaintiff sustained in an impact" in order for a plaintiff to recover damages for emotional distress caused by the negligence of another. In finding this exception, the court explained that emotional distress is the only type of injury stemming from the release of "highly personal, sensitive information." In addition, the court said that violation of a state statute may be used as evidence of negligence.

This decision reinstated Abril's negligence claim against the Department of Corrections after a lab that performs work for the department released confidential information about the results of her HIV test. Abril, a nurse at the Hendry County Correctional Institution, feared she contracted HIV after giving unprotected mouth-to-mouth resuscitation to an inmate who was infected with Hepatitis C and potentially HIV.

Hendry's chief medical officer submitted a blood sample from Abril to a laboratory that provides HIV testing services for inmates under a contract with the state. Although the HIV test results were supposed to be hand-delivered, they were allegedly faxed to an unsecured machine at Hendry's business office and to a fax machine at a Department of Corrections' office. As a result, a number of people learned that Abril's HIV test results came back positive.

Although these test results were later found to be incorrect and Abril was HIV negative, she sued the Department of Corrections, which was vicariously liable for the laboratory's missteps, for mental anguish and emotional distress over the negligence in ensuring the confidentiality and privacy of her test results. Certainly, these circumstances can cause real harm and emotional damage. Unfortunately, the court did not go further and eliminate the impact rule altogether. Indeed, several justices likewise argued for the abolition of the impact rule.

Full post as published by Orlando Injury Lawyer Blog on October 28, 2007 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0127 secs (new cache)