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LESLEY v. HEE MAN CHIE

No. 00-1254.

250 F.3d 47 (2001)

Vickie LESLEY, Plaintiff, Appellant, v. HEE MAN CHIE, M.D., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 22, 2001.

Attorney(s) appearing for the Case

Bennett H. Klein, with whom Gay & Lesbian Advocates & Defenders was on brief, for appellant.

Charles B. Straus, III, with whom Robert V. Deiana and Mirick, O'Connell, DeMallie & Lougee were on brief, for appellee.

Donna E. Levin, General Counsel, Special Assistant Attorney General, and Edmund J. Sullivan, Deputy General Counsel, on brief for Department of Public Health of the Commonwealth of Massachusetts, amicus curiae.

Carl Valvo and Cosgrove, Eisenberg and Kiley, P.C. on brief for Massachusetts Medical Society and Professional Liability Foundation, Ltd., amici curiae.

Before TORRUELLA, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

Dr. Hee Man Chie, an obstetrician-gynecologist, treated Vickie Lesley during her pregnancy in 1994 and 1995. After Lesley tested positive for HIV, Dr. Chie ended up referring her to another hospital that, in his judgment, was better qualified to handle deliveries by HIV-positive patients. The baby was delivered there, safely and without HIV infection.

Two years later, Lesley sued Dr. Chie for...

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