2-Year Time Limit Applies to Wrongful Disclosure of HIV Status
A two-year statute of limitations applies to an HIV-positive patient who claims one of his doctors improperly disclosed his medical status to a third party without his consent, a New Jersey appeals court has ruled.
July 14, 2017 at 01:50 PM
4 minute read
A two-year statute of limitations applies to an HIV-positive patient who claims one of his doctors improperly disclosed his medical status to a third party without his consent, a New Jersey appeals court has ruled.
A three-judge Appellate Division panel on Thursday in Smith v. Datla rejected arguments from the doctor that the suit should be dismissed as time-barred based on a one-year statute of limitations.
Appellate Division Judge Richard Geiger, joined by Judges Jack Sabatino and Michael Haas in the published opinion, said improper disclosure of a patient's HIV status amounts to something more akin to a personal injury or discrimination—and not, as the doctor argued, defamation.
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