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When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh
When The Surgeon Has Hiv: What To Tell Patients About The Risk Of Exposure And The Risk Of Transmission, Phillip L. Mcintosh
Journal Articles
This Article explores the legal aspects of the dilemma facing an HIV-infected surgeon with respect to whether the doctrine of informed consent requires, or can require, disclosure of the surgeon's HIV-infection under some circumstances. This Article then examines the nature of the risks associated with HIV as they affect patients during surgery. Next, this Article evaluates whether the risks are sufficiently material to require disclosure (or at least to present a jury question), and, in any event, whether state law can require such disclosure under the Americans with Disabilities Act of 1990 (ADA). In particular this Article examines the doctrine …
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh
Tort Reform In Mississippi: An Appraisal Of The New Law Of Products Liability, Part I, Phillip L. Mcintosh
Journal Articles
In 1993, as a result of tort reform efforts, the Mississippi legislature enacted legislation that made dramatic changes in the law of products liability as well as in the law of punitive damages. On July 1, 1994, the substantive portions of the new legislation became effective, and the products liability portion of the new legislation replaced the judicially adopted Section 402A of the Restatement (Second) of Torts as the primary basis of products liability law in the state. Those who supported the new Act did so because they saw it as a way to bring stability and predictability to the …