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FAYA v. ALMARAZ

Nos. 143, 144, September Term, 1991.

329 Md. 435 (1993)

620 A.2d 327

SONJA FAYA v. BETTY ALMARAZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF RUDOLPH ALMARAZ ET AL. PERRY MAHONEY ROSSI ET VIR. v. BETTY ALMARAZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF RUDOLPH ALMARAZ ET AL.

Court of Appeals of Maryland.

March 9, 1993.

Attorney(s) appearing for the Case

Harry B. Siegel (Joel Marc Abramson, Law Offices of Joel Marc Abramson, all on brief), Columbia, for appellant.

Deborah Byrnes (William B. Whiteford, Whiteford, Taylor, & Preston, all on brief), Towson, Paul F. Strain (Jana Howard Carey, David J. Heubeck, Mitchell Y. Mirviss, Venable, Baetjer & Howard, all on brief), Baltimore, for appellees.

Jonathan Schochor (Philip C. Federico, Kerry D. Staton, Schochor, Federico and Staton, PA, all on brief), Baltimore, for appellant in No. 144.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

MURPHY, Chief Judge.

These companion cases present the important question whether a surgeon infected with the AIDS virus has a legal duty to inform patients of that condition before operating upon them and, failing that, whether a patient's fear of having contracted the AIDS virus from the infected surgeon constitutes a legally compensable injury where the patient has not shown HIV-positive status.

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