Saving lives will cost you – not need to worry about how she would have infected many people and spread HIV, no need to worry. Patient Consent right? But what about patient consent? Oh yea how many hospitals are already sharing patient data without their knowledge? Double standard.
WHEN THIS FOLLY ENDS.
I still Don’t hear you doctors?
HIV blood samples
Peter Dazeley/Getty Images
The Harlem woman who is suing a Brooklyn clinic over an unauthorized HIV test also claims her results weren’t kept confidential and that another staff member suggested she get retested.
A BROOKLYN doctor saved a woman’s life, but is now being sued by his patient for finding she is HIV positive even though she never agreed to get tested.
The 31-year-old woman, identified as Jane Doe in court papers, was receiving treatments for vitamin B12 deficiency when she got the shock of her life — learning she carries the virus that causes AIDS.
Adding insult to injury, the suit alleged, Dr. Pavel Yutsis informed her of the devastating results without the counseling or support she needed — and the law requires.
“When he told me I was positive and threw the papers at me, I just went numb,” the woman recalled. “I was no good.”
The plaintiff, who hails from Harlem, was treated at Lifex Medical Care in Sheepshead Bay following gastric-bypass surgery she had at another facility.
A test showed her white blood cell count was low, so Yutsis suggested she get checked for HIV.
“(She) clearly stated that she did not want an HIV test,” according to the suit filed in Brooklyn Supreme Court last month.
But the doctor did the test anyway during a visit with his patient in September 2011, said the complaint.
New York law requires that HIV tests can only be performed after patients receive an explanation and give their consent. Those who test positive must be referred to counseling.
“It’s not about not wanting the results, it’s about her being able to make the decision of where and when she wanted the results,” said Daniel Pepitone, the woman’s lawyer.
That particular clinic, which provided only dietary treatments, was not where she wanted to learn such life-altering information, he added.
“I would have wanted to hear it in a better environment, from someone that I trusted,” said the woman. “I never felt comfortable in that place.”
The lawsuit also alleged that other staff members knew about the results — despite the law’s requirement of confidentiality — and one of them even told her she should get retested.
A receptionist at Lifex said Yutsis could not comment because he is sick and in the hospital.
Jane Doe is asking for unspecified damages for “terror, confusion, embarrassment and emotional distress.”
“He lied and he knew what he was doing,” she said of the doctor. “When his name is mentioned . . . it makes me sick to my stomach.”
Neither she nor her lawyer would comment on her current health condition.