Georgia Appeals Court: Dispute Over HIV Test Sounds In Medical Malpractice
(November 2, 2015, 9:44 AM EST) -- ATLANTA — Allegations that two defendants failed to notify a plaintiff identified only as “D.M.” that he was HIV-positive “arise out of the breach of a professional duty” and “must be considered classic medical malpractice claims,” the Division IV Georgia Court of Appeals ruled Oct. 28 (Piedmont Hospital v. D.M., No. A15A1572; James Colquitt v. D.M., No. A15A1573, Ga. App., 4th Div.).
(Decision available. Document #77-151111-007Z.)
In so concluding, the appeals court held that it must reject D.M.’s case — filed nearly eight years after the...