This section contains the nature of the case and procedural background.

Dr. Benson (D) performed two gynecological procedures on K.A.C. (P) while he was infected with HIV and had open sores on his hands and forearms. The State Board of Medical Examiners imposed restrictions on D such as wearing two pairs of gloves and refraining from doing surgery, which D complied with. After these restrictions, D performed the procedures on P. Following the two procedures, the State Board instructed D to write to 336 patients to inform them of the situation. In D's letter to P, D informed her that he did not realize there was any risk. None of the patients, including P, tested HIV positive. The trial court granted summary judgment for failure to allege 'actual exposure to HIV.' The court of appeals reversed, and all but P's case was settled.

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