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Law wasn't broken if test was done by accident.


 A three-judge panel of the Ohio Court of Appeals dismissed the lawsuit of a man who sued a hospital for breach of confidentiality of his positive HIV status. The patient, John Doe, presented at an Ohio State University Hospital with severe pain and vomiting. He was referred back to his regular physician, Dr. [name removed], who ordered a battery of tests. The laboratory inadvertently performed an HIV-antibody test, found that Doe was infected, and sent his name to the Ohio Department of Health. John Doe sued the University, alleging that it had violated a state law which requires informed consent for HIV-antibody testing. The trial judge found in favor of the University. The appeals panel affirmed the lower court's decision, stating that the case was not one of negligence, but rather an allegation concerning the informed consent statute. The Court stated that an individual could only file for compensatory damages if the person or agency knowingly violated the requirement for informed consent.
