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Woman sues dr for telling her she's HIV+

 
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ModelCitizen View Drop Down
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    Posted: Jan 22 2013 at 7:17pm
Woman sues doctor for informing her she was HIV positive
Tuesday, January 22, 2013

It’s a patient’s worst nightmare. A Harlem woman is suing a doctor for informing her she was HIV positive, the Huffington Post reports.

The 31-year-old woman is identified in the lawsuit as “Jane Doe” to protect her privacy. She said she became a patient of Dr. Pavel Yutsis who violated state law by tricking her into submitting blood for a HIV test without her written authorization.

Most states require written consent before administering an HIV test, and patient counseling if the test comes back positive.

“I was tricked. I never signed any paper,” the woman told DNAinfo.com last week. “It was a slap in the face.”

According to the lawsuit, the woman had undergone gastric-bypass surgery at another clinic when a nutritionist referred her to Dr. Yutsis’ Lifex Medical Care clinic for treatment of a Vitamin B12 deficiency, due to her low red blood count (anemia).

Most healthy people get their vitamin B12 from their diet. When normal treatment failed to elevate her white blood count to within normal range, Dr. Yutsis recommended she take an HIV test to determine the reason for her low white blood count. But since vitamin B12 is not normally associated with the white blood cell count, the woman refused.

She explained to Dr. Yutsis that she was only concerned with healing from her surgery. “I wasn’t really concerned about anything else,” she told DNAinfo.com New York.

On Sept. 9, 2011, Dr. Yutsis’ assistant asked Jane Doe to submit to another blood test. According to the lawsuit, Jane Doe “was unaware that her blood was going to be tested for HIV.”

“She was never asked to sign a form consenting to the test and was not given counseling to prepare her for the administration of an HIV test,” the lawsuit says.

On Sept. 22, Jane Doe was informed by Yutsis that she tested positive for HIV, the virus that causes AIDS.

“My body got numb. I was not good after that,” the woman said. “I was tricked with something I had no clue about.”

Jane Doe claims her test results were not kept confidential. She said her file was left open near where “a group of employees” were chatting.

As she left the doctor’s office, she said she was stopped by one of the employees who tried to console her.
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niecy View Drop Down
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Post Options Post Options   Thanks (9) Thanks(9)   Quote niecy Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:22pm
Stern Smile I would be glad I was told but that's just me. If I were her I would be trying to find whoever gave it to me and suing them if they knew instead of suing the doctor.

I can see if she was suing as far as her information not being kept confidential but not for actually being told she had it.
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Post Options Post Options   Thanks (5) Thanks(5)   Quote JasmineE02 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:25pm
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Post Options Post Options   Thanks (4) Thanks(4)   Quote Bored w/Out Me? Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:26pm
She need to sue that nicca...
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Post Options Post Options   Thanks (7) Thanks(7)   Quote f8dagrate Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:26pm


Jane Doe claims her test results were not kept confidential. She said her file was left open near where “a group of employees” were chatting.

As she left the doctor’s office, she said she was stopped by one of the employees who tried to console her.
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well she does have a great case against them if this is true ^^ they violated HIPAA .. man I wish these test were mandatory not optionalSleepy


Edited by f8dagrate - Jan 22 2013 at 8:56pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote texasmami0117 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:28pm
At first this was a case of basic bitchery....but if her file was left open for anyone to see...get yo money boo boo.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote f8dagrate Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:29pm
Originally posted by niecy niecy wrote:

Stern Smile I would be glad I was told but that's just me. If I were her I would be trying to find whoever gave it to me and suing them if they knew instead of suing the doctor.

I can see if she was suing as far as her information not being kept confidential but not for actually being told she had it.   < she did not need to know this, she did not sign a form wanting to be disclosed this info.



she is right the docotor did not need to disclose this fact. This woman is very smart, I wonder how she got it. I feel sorry for her tbh.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote afrokock Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:29pm
Originally posted by f8dagrate f8dagrate wrote:


<div id="post_message_11883198" style="color: rgb51, 51, 51; font-family: Arial, Helvetica, sans-serif; line-height: 19px; : rgb229, 229, 229; ">
Jane Doe claims her test results were not kept confidential. She said her file was left open near where “a group of employees” were chatting.

As she left the doctor’s office, she said she was stopped by one of the employees who tried to console her.
<div style="color: rgb51, 51, 51; font-family: Arial, Helvetica, sans-serif; line-height: 19px; : rgb229, 229, 229; ">__________________

[/QUOTE>


well she does have a great case against them if this is true ^^ they violated HIPPA .. man I wish these test were mandatory not optionalSleepy


does hippa affect employees if they can be directly or indirectly responsible for/administer your care?

furthermore, does she have proof that the page opened contained the information in plain sight?

its kinda hard to prove.. but she might win



Edited by afrokock - Jan 22 2013 at 7:30pm
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Post Options Post Options   Thanks (1) Thanks(1)   Quote nala52808 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:30pm
That lady better be happy. Now she can get early treatment.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Sang Froid Quote  Post ReplyReply Direct Link To This Post Posted: Jan 22 2013 at 7:30pm
Didn't this happen before?
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