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一、引言 第四军医大学法律顾问处律师张先生于1994年咨询一案,基本事实是:被告医院在原告治疗中怀疑原告感染爱滋病病毒,经国家批准的检测确认实验室确认后,诊断原告为爱滋病病毒感染者并进行隔离治疗,原告出院后向法院起诉,指控:被告“因无法查清病因从而错误地诊断为爱滋病”,并“将原告控制在隔离病房”的行为,侵害了原告的名誉权。据说是我国第一例涉及爱滋病的侵权诉讼。
I. INTRODUCTION Mr. Zhang, a lawyer at the Fourth Military Medical University Counselor, consulted a case in 1994. The basic facts are: The defendant hospital suspected that the plaintiff was infected with AIDS virus in the plaintiff's treatment, and after the laboratory confirmed the test confirmed by the state, the plaintiff was diagnosed as The PLHA was isolated and treated. The plaintiff sued the court after discharge and accused the defendant of “misidentifying AIDS as a result of failing to detect the cause” and “controlling the plaintiff in the isolation ward”, thus infringing upon the plaintiff's reputation right. It is said to be the first case of infringement involving AIDS in our country.