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Sued for Unconsciously Passing on HIV

The California Supreme Court decided yesterday that a person who has been infected with HIV can sue the partner that infected him/her, even if the latter has not done it consciously

By Alexandra Lupu, Health News Editor

4th of July 2006, 08:26 GMT

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Until now only individuals that passed on HIV and were perfectly conscious about their health condition could have been sued. But yesterday a final decision has been taken by The California Supreme Court in the case of a woman that has been infected with the lethal virus by her sexual partner. Even if the man was not aware
of the fact that he was infected with the HIV, he is still guilty of negligence concerning his partners' health.

It is highly important to take care of your own health and to also take care not to pass on serious diseases, as these may affect other individuals that have done nothing wrong whatsoever. If one does not care about his condition, he must be responsible of the way in which he/she might influence the development of severe diseases leading even to death in the others.

The members of the Supreme Court in California stipulated in their decision that they "cannot agree that persons who have reason to know they are infected with HIV, a gravely serious disease with no known cure, should be subject to a lesser duty of care than persons who have reason to know they are infected with other sexually transmitted diseases."

Therefore, the Californian justice widens the range of lawsuits concerning Human Immunodeficiency Virus (HIV) that leads to AIDS and allows a person that suspects being infected by a previous partner to sue him/her. This is because everyone must be responsible for his or her own sexual history and also has to be cautious and prevent infecting other perfectly healthy people.
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