AIDS and the Duty of Care Owed in Negligence by Doctors to Persons Who Are Not Their Patients

16 Pages Posted: 28 Jul 2004  

Margaret Fordham

National University of Singapore (NUS) - Faculty of Law

Abstract

In recent years cases have been brought in various jurisdictions involving claims against doctors by persons who are not their patients. The claims have related to AIDS and other sexually communicable diseases which the persons in question have contracted from the doctors' patients. In these cases, the courts have held that doctors owe a duty of care in negligence to warn the sexual partners of their patients (usually via the patients) of the risks involved in participating in a sexual relationship with these patients. This article examines and analyses the relevant cases and considers the direction which the law in this area is likely to take both in Singapore and in other Commonwealth countries.

Suggested Citation

Fordham, Margaret, AIDS and the Duty of Care Owed in Negligence by Doctors to Persons Who Are Not Their Patients. Singapore Journal of Legal Studies, Vol. 120, pp. 120-135, 2000. Available at SSRN: https://ssrn.com/abstract=569705

Margaret Fordham (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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