DiMarco v. Lynch Homes-Chester County, Inc.

LARSEN,* Justice.

This appeal presents the issue of whether a physician owes a duty of care to a third party where the physician fails to properly advise a patient who has been exposed to a communicable disease, and the patient, relying upon the advice, spreads the disease to the third party.

On June 18, 1985, Janet Viscichini, a blood technician, went to the Lynch Home in Kimberton, Pennsylvania, to take a blood sample from one of the residents. During the procedure, the patient struck or kicked Ms. Viscichini, whose skin was accidentally punctured by the needle which she had used to take…