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Failure to Disclose HIV/AIDS Status

By law, people with HIV/AIDS must disclose their status to others who will come into contact with their bodily fluids. This includes intimate sexual partners and most healthcare workers. Failing to disclose this status could result in the infection of others, who can sue. Lawsuits involving people who fail to disclose their HIV/AIDS status and then infect others are numerous and frequent. On the other hand, disrespecting someone’s privacy and disclosing their HIV/AIDS status unnecessarily is grounds for lawsuits as well.

HIV stands for Human Immunodeficiency Virus, and means that the person can develop AIDS, or Acquired Immunodeficiency Syndrome. A person who is HIV positive does not usually show any symptoms of illness, but they can pass the virus on to others who come in contact with their body fluids.According to the Centers for Disease Control and Prevention, body fluids include:

  • blood
  • semen
  • vaginal fluid
  • breast milk
  • fluid around the brain and spinal cord
  • fluid in joints
  • fluid surrounding an unborn baby

Anyone could potentially come in contact with blood when the infected person is bleeding. Sexual intercourse causes people to come in contact with semen and vaginal fluid, and healthcare workers come in contact with other fluids listed above. According the Centers for Disease Control and Prevention, sweat, tears and saliva have never caused someone else to become infected.

These fluids must get into your bloodstream in order to infect you. These means that the fluid must get into a cut or open sore, and the transmission must occur quickly. The AIDS virus cannot survive in the open for more than a few minutes. Therefore, you CAN’T get AIDS from:

  • toilet seats
  • kissing (you would have to swap gallons of saliva to be at risk)
  • touching/sweating
  • being spit on

If you are put at risk or infected by someone who failed to disclose his or her HIV/AIDS status to you, contact a doctor immediately. Your doctor might start you on anti-retroviral therapy, such as zidovudine or lamivudine to prevent infection. Also, contact a personal injury lawyer immediately.

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