The case was filled by Geraldine Bordelon, the plaintiff, againstSt. Francis Cabrini Hospital. The plaintiff had had a hysterectomydone in the hospital in February of 1991. She had sued the hospitalupon realizing that during the surgery when she had needed a bloodtransfusion, they had given her blood donated yet she had alreadyprovided the hospital with the blood. The plaintiff sufferedemotional anguish about the likelihood of contracting AIDS. She thusfiled a suit against the pathologist responsible and St FrancisCabrini Hospital. It was a tort suit to recover damages for themental and emotional anguish she suffered due to the transfusion ofthe wrong blood (Mulheron, 2016). The hospital filed a peremptoryexception of no cause of action under Article 927(4) of the LouisianaCode of Civil Procedure. The Ninth Judicial District Court, however,dismissed the suit since the plaintiff did not allege that shesuffered any physical injury.
The plaintiff appealed to the court of appeal which found her to havestated a cause of action for the mental anguish. HIV can betransmitted through blood transfusion thus her fear associated withacquiring someone else’s blood was genuine and was a consequence ofa negligent act of the defendant. The court established that thedefendant owed a duty to the plaintiff and by giving her donatedblood, they had breached the duty. By accepting her condition ofbeing giving her blood should she need it, the hospital was in breachof that duty by administering the wrong blood. The appeal case tookplace in May 1994. During that period, there was a significantcampaigning done by the federal, state, and local governments toeducate the public about the HIV/AIDS diseases and the ways toprevent its transmission. It is due to such negligent acts that wouldlead to transmission of HIV thus there was cause for worry among thepublic. It was deliberated in the Court of Appeal of Louisiana,Third Circuit.
The hospital has been negligent in its duties towards the patients,and it is crucial to ask the responsibility of the ethical duty ofthe hospital. It is the concern of the hospital to take care of eachof their patients as their condition may require. The hospital failedin their duty ethically and legally to take care of the patient asper the requirement they had made upon the hospitalization. If thecase had taken place about a quarter century later, the outcome wouldhave been the same. The fear of HIV/AIDS among the public may havedecreased, but the transmission of the virus would have beenconsidered a consequence of the hospital’s negligent act. TheCalifornia Supreme Court had recently ruled that people with HIV canbe sued for transmitting the virus to their partners (McCormick,2013). The hospital that would have contributed to the likelihood ofcontracting the virus would be liable due to the mental and emotionalstress the client would suffer.
Courage is considered to be the greatest of all virtues since it isthe source of diligence to accomplish anything one sets their mind todespite the challenges that would be in the chosen journey. It isone of the virtues among the seven virtues (Crossan, Mazutis, &Seijts, 2013). The idea of never giving up ensures that one is notintimidated in the face of the impossible. It is also the ability toconfront fear and uncertainty and facing the persons and obstaclesplaced in accomplishing one’s duties and responsibility.
Crossan, M., Mazutis, D., & Seijts, G. (2013). In search ofvirtue: The role of virtues, values and character strengths inethical decision making. Journal of Business Ethics, 113(4),567-581.
McCormick, E. (2013). Strengthening the Effectiveness of California`sHIV Transmission Statute. Hastings Women`s LJ, 24, 407.
Mulheron, R. (2016). Medical negligence: non-patient and thirdparty claims. Routledge.