Chapter 18 : Other Tort Cases

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Common medical legal torts involve the transmission of an infectious disease, often a sexually transmitted one, and the attorney for either plaintiff or defendant is obliged to seek supporting information from an expert before proceeding. One of the most important points to give your client-attorney is that herpes genital infections are most often transmitted by an individual with asymptomatic viral shedding. The majority of herpes simplex virus type 2 (HSV-2) infections are acquired from a sexual partner shedding virus in the absence of recognized disease. The appearance of the plaintiff's symptoms three days later is consistent with the incubation period of HSV-2. Splenectomized individuals (those whose spleens have been removed) or persons with splenic defects lack the filtering and antibody functions and are at risk of infection with encapsulated bacteria. The majority of infections are late, that is, occurring more than two years after splenectomy. Many cases occur ten or more years after operation. The majority of postsplenectomy infections are due to , but serious infections have also been caused by , , , staphylococci, and other streptococcal species.

Citation: Ellner P. 2006. Other Tort Cases, p 103-113. In The Biomedical Scientist as Expert Witness. ASM Press, Washington, DC. doi: 10.1128/9781555816520.ch18
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