A patient decided she wanted to have an optional cosmetic procedure performed and interviewed with a plastic surgeon. He asked her several standard questions and discussed how the procedure would change her appearance. At the end of the interview, the patient disclosed that she had tested positive for HIV. The surgeon declined to perform the procedure.
The patient visited several other plastic surgeons and each one declined upon learning she had tested positive for HIV. Finally she grew frustrated and simply did not disclose to the last surgeon, who performed the procedure. Everything went well, the patient returned to the surgeon’s office to have her skin staples removed. As the medical assistant removed one of the staples he stuck his finger. At that point the patient disclosed that she had tested positive for HIV. The medical assistant attempted to sue the patient.
You are now on the grand jury deciding if this case should go to court. Based on what you learned in Chapter Twelve, how would you vote (send the case to court or not)? Briefly explain why you made the choice you did.
