While seeking in vitro fertilization, a married couple underwent HIV testing. Both of them tested negative, but the husband, who had previously tested positive, took a second test. The second test was positive, so the husband took a third test. The clinic informed the husband that positive results took longer to come in. When the husband called in for the results of the third test, he was told that they had not yet come in. Assuming that no results meant that he was HIV-positive, the husband jumped from a cliff to his death.
The trial court dismissed the case, noting that the husband’s suicide superceded any liability claims against the clinic. On appeal, the Idaho Supreme Court reversed the trial court’s decision and held that the lawsuit could proceed because the problems with the HIV tests could have caused the husband’s suicide. For the full story, click here.
