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Should parents pay when their son spreads AIDS?

 
 
kev
 
  1  
Reply Mon 15 Mar, 2004 05:51 pm
fishin' wrote:
Acquiunk wrote:
What I do not understand is why did the judge ever let this go to trial? Presumably he was knowledgable enough in the law to know that for a third party to reveal private medical information in that state was against the law.


But she did disclose. If she had been asked and said "You'll have to ask him" the law should have protected her because she's prohibited from disclosing.


That's an interesting point fishin, why is his mother prohibited from disclosing his infection to prevent his girlfriend from being sentenced to certain death?

I didn't know there was such a thing as mother/son confidentiality clause?
0 Replies
 
au1929
 
  1  
Reply Mon 15 Mar, 2004 06:35 pm
The question is-is she obligated to do so.
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fishin
 
  1  
Reply Mon 15 Mar, 2004 08:36 pm
kev wrote:
That's an interesting point fishin, why is his mother prohibited from disclosing his infection to prevent his girlfriend from being sentenced to certain death?

I didn't know there was such a thing as mother/son confidentiality clause?


There is no "mother/son confidentiality". From the original article:

Quote:
Illinois AIDS confidentiality law is stricter than in most states, Fisher said. While some states only prohibit medical personnel from disclosing people's HIV status, Illinois' law applies to "any person."


The mother, or anyone else, is prohibited, by law, from disclosing anyone's HIV status (other than their own).
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caprice
 
  1  
Reply Tue 16 Mar, 2004 03:25 pm
joefromchicago wrote:
kickycan wrote:
The disclosure part has nothing to do with it, IMO. The kid having AIDS is like a person having a lethal weapon. If a woman asks your mother if you have a gun in your pocket and you say no, does that mean your mother is responsible for you killing that person? No way. That is ridiculous.

Fishin' is right: if Jane Doe asks Mom "does you son have a gun in his pocket," and Mom knows not only that Son has a gun but that he intends to use it to shoot Doe, her unqualified "no" may induce reliance on Doe's part that would be actionable. In other words, if it is reasonable for Doe to rely on Mom's answer, and Doe does rely on it to her detriment, then Mom is responsible for the damages that Doe suffers as a result of that reliance.

In this particular case, Mom was arguably under a legal duty not to disclose her son's condition (I don't read the Illinois AIDS Confidentiality Act to require this, but I'm not an expert in this area). But, as was pointed out in the story, she was not thereby under an obligation to lie about her son's condition, especially if she knew that Jane Doe would rely on her answer.


I agree. At issue here isn't that she said anything about her son's HIV status, it's that she knowingly lied about it to her son's fiancé. It's like fishin' said, they should have told her to ask their son and stay out of it altogether. I find it VERY irresponsible that his parents responded in the way they did.

Personally, if I was that young woman, I would have asked the son to be tested and to see his results, rather than rely on what his parents would say. If he backed away from doing so, that would be a telling indicator right there.

As Jespah said, it's a sad situation all way around.
0 Replies
 
K e v i n
 
  1  
Reply Fri 26 Mar, 2004 11:57 am
For what its worth, I agree with Caprice.

If the the parents lied about it, they should both get whatever punishment the jury thinks befits them, but they should get in trouble
OGIONIK
 
  1  
Reply Thu 14 Aug, 2008 06:14 pm
@K e v i n,
how the **** is she gonna cough up 2 million?

any way you look at it thats ******* stupid.
0 Replies
 
 

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