Case Scenario: FALSE-POSITIVE TEST RESULTS
The patient-plaintiff had a blood specimen drawn and sent to a laboratory for testing for HIV. The laboratory informed the physician that his patient tested positive for HIV. The patient was informed that he had AIDS. Not believing that his symptoms mimicked those of an individual with AIDS, the patient was retested for HIV. On three separate occasions involving two separate laboratories, the patient tested negative for the virus. The patientplaintiff filed a lawsuit against his physician and laboratory for the negligent interpretation and reporting of his blood samples as being HIV positive. The West Virginia Supreme Court of Appeals ruled that the plaintiff had stated a claim for the negligent infliction of emotional distress. "Given the well-known fact that AIDS had replaced cancer as the most feared disease in America and, as defendant candidly acknowledges, a diagnosis of AIDS is a death sentence, conventional wisdom mandates that fear of AIDS triggers genuine-not spurious- claims of emotional distress.
Ethical and Legal Issues
1. Do you agree with the court's finding? Explain your answer.
2. If this same reasoning applied to hundreds of cases at one hospital laboratory, how would you determine awards? Consider what effect the awards granted might have on the hospital's financial viability, as well as the quality of services provided to the community. Discuss your answer.
3. Review the news article at the end of this section on AIDS. Further discuss your thoughts as to right and wrong, and how the theories and principles of ethics might apply.