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Woman sues dr for telling her she's HIV+

 
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ms_wonderland View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ms_wonderland Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:04am
in some states, newborns are automatically tested for HIV antibodies...i don't want to say all b.c i am not sure about others.

Edited by ms_wonderland - Jan 23 2013 at 12:04am
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stardaqueenb23 View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote stardaqueenb23 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:06am
Originally posted by f8dagrate f8dagrate wrote:




Originally posted by afrokock afrokock wrote:

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 HIPAA .. 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?



yes and no, depends who they are and what they do with your info. Like a cna or an rn both are responisble for ones care. But if a cna looks into her file she/he violated hipaa.


Anyone responsible for your care from CNA-Doctor can look at your charts. You just cannot disclose the information to anyone who does not directly provide care for the patient.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote coconess Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:11am
Originally posted by stardaqueenb23 stardaqueenb23 wrote:


Anyone responsible for your care from CNA-Doctor can look at your charts. You just cannot disclose the information to anyone who does not directly provide care for the patient.


You can't tell them that in here.. They'll be like, "lol she don't know nothin about hippa" and try to make it like you're dumb..

Although I wouldn't say, "responsible" (they'll try to belittle the little cnas for that) id just say anyone partaking in the care...

Edited by coconess - Jan 23 2013 at 12:12am
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stardaqueenb23 View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote stardaqueenb23 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:22am
Originally posted by coconess coconess wrote:

Originally posted by stardaqueenb23 stardaqueenb23 wrote:


Anyone responsible for your care from CNA-Doctor can look at your charts. You just cannot disclose the information to anyone who does not directly provide care for the patient.


You can't tell them that in here.. They'll be like, "lol she don't know nothin about hippa" and try to make it like you're dumb..

Although I wouldn't say, "responsible" (they'll try to belittle the little cnas for that) id just say anyone partaking in the care...
I know about HIPPA since I worked in a nursing home for a few years and CNAs were allowed and even encouraged to read the charts, most chose not to and only took report from the nurse. Whenever certain issues would rise about not getting reports CNAs were often told by nurse management that the charts are there for you to read.
The lead CNA on every wing is present for care plan meetings with the doctor, charge nurses, administrates, and PT in which they cover what is in the charts as well as add to them. Also whenever a patient with specific care needs is brought in they have in-services in which they go over information in the charts with the CNAs and nurses. so yeah....

Edited by stardaqueenb23 - Jan 23 2013 at 12:56am
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Quiann00 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Quiann00 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:50am
Originally posted by nicks_hotmama06 nicks_hotmama06 wrote:

How did they perform surgery without testing her for HIV? Wouldn't that be extremely stupid and careless for the doctor and medical staff that performed the actual surgery??? Something does not add up....

This is what I believe and that's why I initially didn't even respond to this thread.  If gastric bypass is an invasive surgery, they would have given her an HIV test.

And maybe HIV test are administered differently across the US because when I went in for my annual pap, I was referred to the lab for blood work and an HIV test was done without my consent...Hell, when I was called in for the pap results, I was surprised that she mentioned my HIV results.  This must be procedure at the hospital that I go to because they have always done the test during my routine check-up.  I didn't sign a damn thing. The only informed consent paperwork I've signed is that which they give me when I sign up during my first visit.

Hell, when I was pregnant I was tested for HIV before they broke my water.  What I look like denying them access to test my blood for HIV if I'm about to push out a baby.  To make matters worse, I had to have a c-section.
I believe she knew she was HIV (+) or the Dr. who performed the gastric bypass was incredibly stupid.  There is more to this story because what's presented here don't make sense.


Edited by Quiann00 - Jan 23 2013 at 12:55am
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Quiann00 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Quiann00 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:52am
Originally posted by rickysrose rickysrose wrote:

She didn't like how it was done

It sounds like she didn't like that it was done...period.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote EPITOME Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:53am
hmm if you research this topic there does not seem to be a firm direct answer despite federal law on HIPAA
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Post Options Post Options   Thanks (2) Thanks(2)   Quote stardaqueenb23 Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:55am
Originally posted by coconess coconess wrote:

Originally posted by stardaqueenb23 stardaqueenb23 wrote:


Anyone responsible for your care from CNA-Doctor can look at your charts. You just cannot disclose the information to anyone who does not directly provide care for the patient.


You can't tell them that in here.. They'll be like, "lol she don't know nothin about hippa" and try to make it like you're dumb..

Although I wouldn't say, "responsible" (they'll try to belittle the little cnas for that) id just say anyone partaking in the care...

I already know about the belittling for some reason some nurses feel the need to look down on CNAs. I asked a similar question to a state surveyor back in the day and he used the word responsible regarding CNAs so you can use that word as well.
I was a CNA in high school/first few years of college and there used to be an evil float nurse on my floor that used to try and belittle me and the charge nurse would say to her "If I was you I would not talk to that one crazy, she might come back here in a few years as the administrator and fire you before you get your pension."
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Post Options Post Options   Thanks (3) Thanks(3)   Quote PeacefulOne Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 12:58am
Originally posted by stardaqueenb23 stardaqueenb23 wrote:

Originally posted by coconess coconess wrote:

Originally posted by stardaqueenb23 stardaqueenb23 wrote:


Anyone responsible for your care from CNA-Doctor can look at your charts. You just cannot disclose the information to anyone who does not directly provide care for the patient.


You can't tell them that in here.. They'll be like, "lol she don't know nothin about hippa" and try to make it like you're dumb..

Although I wouldn't say, "responsible" (they'll try to belittle the little cnas for that) id just say anyone partaking in the care...
I know about HIPPA since I worked in a nursing home for a few years and CNAs were aloud and even encouraged to read the charts, most chose not to and only took report from the nurse. Whenever certain issues would rise about not getting reports CNAs were often told by nurse management that the charts are there for you to read.
The lead CNA on every wing is present for care plan meetings with the doctor, charge nurses, administrates, and PT in which they cover what is in the charts as well as add to them. Also whenever a patient with specific care needs is brought in they have in-services in which they go over information in the charts with the CNAs and nurses. so yeah....
 
Gurl, ain't nobody belittling cnas.  If you are looking at joe blows chart, and you are not caring for that patient, you are violating that patients privacy.  PERIOD.  Now if you are responsible for all the pts that is different. 
 
I know I would be mad as hell if somebody who don't know me, is all up in my chart, just because they work at the hospital.  We have big RED fonts to prevent that kind of madness.
 
AND just because they are doing it that way doesn't make it right.  Duck the lawsuit.
 
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niecy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote niecy Quote  Post ReplyReply Direct Link To This Post Posted: Jan 23 2013 at 1:00am
Originally posted by Quiann00 Quiann00 wrote:

Originally posted by nicks_hotmama06 nicks_hotmama06 wrote:

How did they perform surgery without testing her for HIV? Wouldn't that be extremely stupid and careless for the doctor and medical staff that performed the actual surgery??? Something does not add up....

This is what I believe and that's why I initially didn't even respond to this thread.  If gastric bypass is an invasive surgery, they would have given her an HIV test.

And maybe HIV test are administered differently across the US because when I went in for my annual pap, I was referred to the lab for blood work and an HIV test was done without my consent...Hell, when I was called in for the pap results, I was surprised that she mentioned my HIV results.  This must be procedure at the hospital that I go to because they have always done the test during my routine check-up.  I didn't sign a damn thing. The only informed consent paperwork I've signed is that which they give me when I sign up during my first visit.

Hell, when I was pregnant I was tested for HIV before they broke my water.  What I look like denying them access to test my blood for HIV if I'm about to push out a baby.  To make matters worse, I had to have a c-section.
I believe she knew she was HIV (+) or the Dr. who performed the gastric bypass was incredibly stupid.  There is more to this story because what's presented here don't make sense.

IA. I have never had to sign anything when I got tested during my annual pap smear.
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