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Full-Text Articles in Law
How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021, Ryan Jay Mcelhose
How The Conviction And Sentencing Of "Tiger Mandingo" Modernized Missouri's Hiv-Related Statutes In 2021, Ryan Jay Mcelhose
Journal of Law and Health
Michael Johnson or “Tiger Mandingo” as he referred to himself on social media, engaged in sexual acts with six different men, all of whom claimed that Michael lied about living with human immunodeficiency virus (HIV). As a result, the State of Missouri charged him with recklessly infecting a partner with HIV exposing or attempting to expose another with HIV. With contradictory trial testimony, no genetic fingerprint testing, and little to no questioning of his sexual partners’ credibility, the jury found Michael Johnson guilty of five felony counts which resulted in a 30-year prison sentence. Ultimately the Missouri Court of Appeals …
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Journal of Law and Health
Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …
A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi
A Proposal For A Federal Aids Immunization Policy, Catherine M. Polizzi
Journal of Law and Health
This paper will examine the creation of a federal AIDS compensation scheme for victims of injuries caused by vaccines which are distributed as a part of a national immunization program. As a preliminary inquiry, I will examine the impact of perceived liability on potential manufacturers to determine whether the risk of liability for manufacturers decreases the possibility that a successful AIDS vaccine will be introduced into the market. I will then discuss whether, given the present laws and economic incentives surrounding the vaccine industry, a federal compensation scheme for an AIDS vaccine is necessary. After analyzing the unique problems of …
Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White
Aids And Hiv: The Legal Dimension: A Selective Bibliography, Bonnie L. Koneski-White
Journal of Law and Health
For the most part articles over two pages in length from journals were included. Editorials and articles from national and legal newspapers generally are not included. Although some articles are listed from foreign periodicals, most of the entries focus on the United States. Listings in one category can cover some aspects of other categories. An attempt was made to include the article in the category which best covered the subject matter of the majority of the article. An asterisk (*) indicates that the article is contained in one of the symposia or special issues listed in the "Symposia and Special …
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Hey Doc, Can You Keep A Secret - An Ohio Physician's Right To Warn Third Parties That They May Be At Risk Of Contracting Hiv, Mark Wiseman
Journal of Law and Health
This note will seek to determine if granting a physician the right to warn third parties at risk is the appropriate solution to the above scenario and others like it. Part I will supply a background on the virus that causes AIDS. Part II will review possible legal justification for this breach of the confidential doctor/patient relationship. Part III discusses why there is a need to maintain strict confidentiality of AIDS-related information. Finally, Part IV will discuss alternatives to granting physicians the right to warn.
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
Mandatory Hiv Testing Issues In State Newborn Screening Programs, John M. Naber, David R. Johnson
Journal of Law and Health
The newborn screening model is fairly straightforward. Typically, before the infant is discharged from the hospital (around 24 to 36 hours of age), heel stick blood is placed on special filter paper, dried, and mailed to the state health department for testing. Medical and laboratory research has led to the discovery that other diseases could also be screened in newborns using these dried blood specimens. Currently, all states and the District of Columbia test all newborns for at least PKU and congenital hypothyroidism. There are generally five criteria to satisfy before a disease is considered appropriate for newborn screening: 1. …
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
The Discovery Of Medical Records Maintained By Health Care Facilities: Inconsistent Law In Need Of Legislative Correction, Susan O. Scheutzow, Anthea R. Daniels
Journal of Law and Health
This article will review current law in Ohio regarding the protection of medical records maintained by Ohio health care facilities. The Ohio law of privileged communications between health care professionals and patients also will be traced to show how only communications between patients and their physicians, dentists, psychologists, and social workers are currently protected. Since similar public policy reasons may apply to the protection of communications between a wider range of health care professionals and their patients as those communications with physicians, dentists, psychologists, and social workers, this article will discuss why the public policy reasons supporting the initial adoption …