Legal Question in Medical Malpractice in Florida
HIV Test without my consent.
My doctor recently ordered lab work done on me. Without my informed consent he ordered an HIV Test. We did not even discuss HIV, much less discuss him testing me for the virus. What are my legal rights and what can happen to him?
Asked on 2/04/08, 10:50 pm
1 Answer from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: HIV Test without my consent.
Are you positive or are you negative? If negative, you have no damages. If positive, you have a breach of privacy -- but few if any juries would believe that you have damages since knowing your status will prolong your life.
The doctor is not permitted, obviously, to publish the results of the test.
Answered on 2/04/08, 11:06 pm
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