Legal Opinion

Doe v. Smith

New York Supreme Court

Decided March 31, 2000Published

1Opinion of the Court

OPINION OF THE COURT

Yvonne Gonzalez, J.

On September 9, 1988, plaintiff, Jane Doe (hereinafter, Doe), was a full-time lab technician trainee at a hospital (hereinafter, Hospital) where Doe was stuck by a needle attached to a syringe (hereinafter, needle) while she was attempting to recap the needle with a rubber stopper. Doe attempted to recap the needle as the pus specimen in the syringe (hereinafter, specimen) was needed for an anaerobic study. The specimen had been extracted from a patient who was infected with HIV and tuberculosis (hereinafter, TB). Doe thereafter tested HIV positive and…

2Cases cited11 opinions

  1. Eiseman v. StateNew York Court of Appeals · 1987
  2. Burgos v. Aqueduct Realty Corp.New York Court of Appeals · 1998
  3. De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983
  4. Purdy v. Public AdministratorNew York Court of Appeals · 1988
  5. Argentina v. Emery World Wide Delivery Corp.New York Court of Appeals · 1999

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