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Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp
Turning Blood Into Whine--"Fear Of Aids" As A Cognizable Cause Of Action In New Mexico, Eric J. Knapp
Student Thesis Honors (1996-2008)
Madrid v. Lincoln County Medical Center is the first New Mexico case to recognize a cause of action for the negligent infliction of emotional distress (NIED) arising from possible exposure to the virus that causes acquired immunodeficiency syndrome (AIDS). The court in Madrid held that recognition of emotional distress claims arising out of a negligently created fear of contracting the human immunodeficiency virus (HIV) through a medically sound channel of transmission does not require proof of actual exposure to the virus. In arriving at its decision, the Madrid court rejected the tort-recovery principles formulated in the "fear of future disease" …