ABSTRACT
The American courts have held that a doctor is liable to persons infected by his patient if he negligently fails to diagnose a contagious disease (Hofmann v Blackmon (1970) 241 So 2d 752 (Fla App), or, having diagnosed the illness, fails to warn members of the patient’s family (Wojcik v Aluminium Co of America (1959) 18 Misc 2d 740; (1959) 183 NYS 2d 351, pp 357-58; Davis v Rodman (1921) 147 Ark 385; (1921) 227 SW 612; Skillings v Allen (1919) 143 Minn 323; (1919) 173 NW 663 and Jones v Stanko (1928) 118 Ohio St 147; (1928) 160 NE 456). Other courts have also held that a doctor may be liable for negligently advising the third party that there is no danger and failing to prevent the spread of the disease (see Annotation, 3 ALR 5th 370).
