State Supreme Court
Upholds Finding of Liability for HIV Disclosure
[Posted 10/25/07]
In a four to three decision, the Supreme Court of
Florida has decided an employer and medical clinic
can be held liable for emotional distress for
improperly disclosing HIV test results of an
employee. The high court ruled a state law that
limits civil lawsuits for emotional distress to
cases where someone suffered physical injuries
caused by an impact does not apply.
Correctional facility nurse Lisa M. Abril sought
testing after giving an inmate mouth-to-mouth
resuscitation. The institution’s chief medical
officer submitted a blood sample for Abril to a
clinic that provided testing for inmates, and the
clinic sent the test results to two Department of
Correction fax machines where unauthorized employees
viewed the transmissions.
The test results were ultimately found to be a false
positive, but Abril sought civil damages for
emotional distress related to the clinic’s failure
to assure her confidentiality and privacy. According
to one of the Abrils’ exhibits, Ms. Abril is
suffering from and undergoing treatment for severe
depression and posttraumatic stress disorder as a
result of the negligence.
A trial court dismissed the case, but an appeals
court reversed and reinstated Abril’s lawsuit,
according to the news report. The Supreme Court
upheld the appeals court finding that an entity that
negligently violates a patient’s confidentiality and
privacy rights by disclosing HIV test results may be
held responsible in a civil action. The dissenters
to the opinion argued that the majority was
expanding Florida law beyond legislators’ intent.
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