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Lacking proof of exposure, plaintiff loses suit against hospital.

Type
Published Article
Journal
AIDS policy & law
Publication Date
Nov 28, 1997
Volume
12
Issue
21
Pages
12–12
Identifiers
PMID: 11364875
Source
Medline
License
Unknown

Abstract

The New York State Supreme Court's Appellate Division upheld the dismissal of an AIDS phobia case brought by an undertaker, [name removed], who cut his finger on hospital tubing while unwrapping the corpse of a man who died of AIDS-related causes. The corpse was delivered by the New York University Medical Center. [Name removed], who never contracted HIV up to three years following the incident, filed a negligence suit claiming emotional distress. The hospital showed that the tubing left in the body was a soft catheter incapable of piercing skin. The plaintiff did not provide evidence that there was any sharp instrument left protruding from the body, and therefore the cause of the cut could not be identified with complete certainty.

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