The AIDS litigation project: a national review of court and human rights commission decisions, part I: the social impact of AIDS

Article Abstract:

Infection with human immunodeficiency virus (HIV) has led to the largest body of legal cases regarding a disease in United States history. A review is provided of 469 cases and is the first of a two-part series. Education about AIDS (acquired immune deficiency syndrome, the disease with which HIV is associated) has been challenged as potentially offensive, especially in schools. Litigation is directed against hospitals that did not screen blood for HIV or recommend that donors with high-risk behavior refrain from giving blood. Reporting of people with HIV, especially relevant now that azidothymidine (AZT, also known as zidovudine, the only approved drug for treating AIDS) exists, is required by only 28 states, and physician groups have sued to increase reporting. Anonymous testing has brought litigation, as have attempts to screen prospective foreign visitors to prevent their entering the country. Several cases have been brought against HIV-positive people who bit or spit at others, or who infected others through sexual contact. It is difficult to determine, however, if a person intended to transmit the disease, even if he entered a sexual relationship knowing he was seropositive (tested positive). After rape, however, the right of the victim to know is increasingly being upheld, but the accused also has the right to not be tested before a trial has even begun. Public gathering places such as bath-houses and adult video shops and bookstores have been closed, but First Amendment rights may have been abridged in some cases, especially regarding the sale of books or movies. 'Dial-a-porn' has been upheld so long as the messages are not obscene, only indecent. Lawsuits have been filed against companies selling AIDS-related drugs, and the home test kit for HIV antibody has not been approved because of the importance of proper diagnosis and counselling. Telling a judge or jurors that a person has AIDS when it is irrelevant to a case has brought lawsuits. Lawsuits been filed by people with AIDS who blame a hospital, physician, or lover. AIDS patients need to make important decisions about treatment and their estates, and these become complicated legal issues when the disease itself can cause dementia. Family law has been affected by AIDS, and a spouse who knows he has a sexually transmitted infection, lies to his spouse, and transmits the infection, can be held liable. In general, courts have not found that HIV infection is relevant to determining a child's best interests. Rights of patients to confidentiality are in obvious conflict with the right of others to know they may be exposed to infection, and cases have been brought from both sides. Public health concerns, however, can take

HIV (Viruses), HIV

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The AIDS litigation project: a national review of court and human rights commission decisions, part II: discrimination

Article Abstract:

Discrimination against individuals with AIDS (acquired immunodeficiency syndrome) has been widely condemned by every major medical, public health, government, and legal organization in this country. To discriminate on the basis of an infectious condition is equivalent to discrimination based on race or sex. Despite this, people who have AIDS or who test positive for human immunodeficiency virus (HIV) infection have had to endure a great deal of negative treatment by the public, along with the moral disapproval expressed by some persons. Thus far, no comprehensive study has been undertaken to determine the scope and type of discrimination that has been directed at HIV-infected persons. As the second part of a series, this report has focused on the issue of discrimination. A total of 134 cases of discrimination were reviewed; the cases consisted of legal actions such as complaints, briefs, settlements, and court decisions. Also, reports by independent policy analysts and government anti-discrimination agencies were reviewed. An overview of past, current, and anticipated discrimination patterns has been compiled. Major areas of discrimination that are currently being examined in the courts are health care, insurance, housing, employment, and education. The introduction of AIDS education programs in the workplace has significantly reduced systematic discrimination in this area. Similar improvements have been observed in education and housing. However, discrimination trends in health care, social services, and nursing will most likely continue. The pattern of discrimination is expected to follow shifts in the population of affected individuals, from primarily homosexual men to intravenous drug users. Strict enforcement of the laws and continued education of the public will reduce the incidence of AIDS discrimination, advance public health, and ensure that actions conform with the principles of the American justice system. (Consumer Summary produced by Reliance Medical Information, Inc.)

Health aspects, Care and treatment, Discrimination, Discrimination in medical care, Medical care discrimination, AIDS virus carriers, HIV carriers

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HIV infection and AIDS in the public health and health care systems: the role of law and litigation

Article Abstract:

Significant legal issues have arisen surrounding HIV infection and AIDS, often balancing rights of privacy, the duty to warn, discrimination, and access to health care. Most testing for HIV is voluntary, and may be anonymous. Many states permit compulsory testing when a health care worker or police officer has been injured and may be at risk of HIV infection. New York has begun mandatory testing of newborns, who may contract HIV infection from their mother. The US Supreme Court will be considering if HIV infection constitutes a disability covered by the Americans with Disabilities Act.

Physician and patient, Physician-patient relations, HIV patients, Discrimination against AIDS virus carriers, HIV carriers discrimination

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