Legal Question in Personal Injury in Utah
exposed to hiv/hepititis
If a person came across a drug-over-dosed person, called 911, then was told to clear nose and mouth (with no mention of protection ,even if the person said no, they didn't want to touch the person,) of that person, and later found out this person had hepititis and maybe hiv, is anyone liable it they catch something from the drug-over-dosed person? Is the 911 dispatcher liable?
Or is it your own fault for coming upon such a predicament, for not knowing any better? Also, can a 911 dispatcher have the authority to make some lay-person do something like this(is it a law or something?), with not training of any kind (this question was never asked). And, how does a person get the needed information from the hospital after something like this?
1 Answer from Attorneys
Re: exposed to hiv/hepititis
A dispatcher does not have authority to make anyone do anything. Here the dispatcher assumed that you had an interest in assisting, and should have cautioned you. Your risk of infection is very low by clearing the mouth, since only your fingers were at risk. The dispatcher is probably not liable, since they are generally immune from suit. The risk you took is offset by the reward of saving a life. For your peace of mind get checked by a doctor. Ask the hospital where the person was taken if they can confirm whether you are at risk based on what they know about the person. You did the right thing notwithstanding the risk.
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