Nevada justices side with patients in hepatitis outbreak

CARSON CITY — Patients who were exposed to unsafe injection practices at some health care facilities in Southern Nevada can make a claim for negligence even though they have so far tested negative for hepatitis C or other illnesses, the Nevada Supreme Court said Wednesday.

A three-justice panel of the court reversed a Clark County District judge who had ruled against Susan and Jack Sadler and others in similar circumstances.

The court said even in the absence of a present physical injury, those patients who have so far tested negative for hepatitis B, hepatitis C and HIV, or who have yet to be tested, may claim negligence based on the need to undergo medical monitoring.

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