Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

§ 8.01 Introduction

[A] General Principles of Tort Liability

[B] Tort Law and the Public Health

§ 8.02 Tort Causes of Action Relating to HIV Transmission

[A] Battery

[1] Nonconsensual Contact

[2] Consensual Contact

[B] Fraud and Deceit

[C] Negligence

[1] Duty of Care

[2] Causation

[3] Insurer Duty to Disclose HIV Test Result

[D] Product Liability Claims

[E] Medical Malpractice

[1] Medical Malpractice Causing HIV Transmission

[2] Lack of Informed Consent

[3] Misdiagnosis of HIV/AIDS

[4] Negligence in Treating HIV/AIDS

§ 8.03 Cause of Action for Fear of HIV/AIDS

[A] Intentional Infliction of Emotional Distress

[B] Negligent Infliction of Emotional Distress

[1] Overview of Negligent Emotional Distress Theories

[2] Physical Injury or Impact Rule

[3] Actual Exposure Rule

[4] Special Circumstances Exception to Actual Exposure Rule

[5] Window-of-Anxiety Damage Limitation

[6] Contaminated Food or Beverages

§ 8.04 Causes of Action for Informational Torts

[A] Defamation

[1] Defamation Per Se

[2] Negligence as a Basis for Defamation

[3] Truth as a Defense

[4] Privilege against Defamation

[B] Invasion of Privacy