Does a laboratory have an affirmative duty to disclose positive HIV test results?

Read the whole instructions. FACTS: The plaintiffs were a husband and wife who tested positive for HIV in a life insurance application physical. The independent laboratory reported the HIV status to the life insurance company,which send a notice of rejection to the couple.The insurance company also advised that it would disclose the reason for their rejection to their physician if they so wished.The plaintiffs took no action. Two years later,the wife was diagnosed with AIDS, and on inquiry,she and her husband learned that insurance company records showed the positive HIV results from 2 years earlier. The plaintiffs sued,alleging that the defendants were negligent in failing to tell them they were HIV positive. When the lab reported the plaintiffs HIV status to the insurer, the results were also reported to the Kansas Department of Health,as required by Kansas law.In this letter denying coverage, the insurance company advised each plaintiff that the applications were denied on the basis of blood results and offered to send the results to the couples physician upon written autorization, stating” With your approval,we would be willing to send the results of the blood profile to your physician so that you can discuss the findings with them. Please write the name and the address of the physician you want the blood report send to at the bottom of this letter and return it to me in the enclosed envelope”. The plaintiffs made no inquiry until the wife developed AIDS symptoms in June 2001, at which point they contacted the insurance company and asked it to release the blood test results to their physician. The company duly complied with the request. FIRST, write a recap of this story as a one page introduction SECOND, write 2 pages answering the key question: Does an independent laboratory hired by an insurance company have a duty to disclose the results of blood tests to policy applicants? You can right on fourth page a little that in my opinion it is not the laboratory foult,but it was a couple responsibility to find out why they were rejected. PLEASE make it simple but good. Use at lest 3-4 sources and APA format.

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