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I thought This Was a Criminal Act?
Dealing with fatigue, a cough and a fever for several months, this woman in her 40s had been evaluated by four internists. They had tested her for a variety of conditions but not HIV. Each had recommended rest, two prescribed antibiotics, and one suggested an over-the-counter cough medicine. Experiencing no physical relief from these suggestions, the woman had decided to “lay down and die.”
However, after her longtime partner insisted she get medical help, she agreed to go to a hospital emergency room. After a rapid test, which she initially refused because she said she was not at risk for HIV, she learned that she was HIV-positive.
After that ER visit, she brought her partner, whom she credits with saving her life, to my clinic to be tested; she was concerned that she had transmitted the virus to him. He tested positive. About a week later, when he accompanied her to an appointment with me, I asked if he had been seen by a doctor to discuss treatment. He said no and indicated that he wanted to establish care in the clinic.
When I asked if he had ever been on HIV drugs, he gazed at the medication chart and pointed out his previous regimen, a cocktail that contained indinavir. Because I and many other doctors stopped prescribing this medication a decade ago, I knew he had been keeping his condition from her for years. He stopped talking and avoided my gaze. It was clear he knew that I had learned his secret…
!snip!
This doctor goes on to debate whether it is ethical to tell people about their partner’s HIV.
Debate?
I thought it was illegal to have sex with someone when you knowingly have HIV. Am I wrong? If I am, it SHOULD be the law.
Gvii
July 22nd, 2012
I cannot type what I’d like to about her boyfriend. Common decency prevents me from polluting this posting with the diatribe I’d like to go into about the walking waste of elemental carbon her boyfriend is for doing that to her.
Aharte
July 22nd, 2012
I think he should be charged with premeditated murder. What an ass! And the poor woman was worried that she infected him, the bastard.
MNP
July 22nd, 2012
Cut his fucking head off now.
Bad Brad
July 22nd, 2012
Both of them.
Moe Tom
July 22nd, 2012
Hey there is a move afoot in our glorious capital to pass a law permitting “low risk” homosexuals to donate blood to the blood banks. Just sayin’.
Wyatt, Insensitive Jerk
July 22nd, 2012
In California, there is a case where failure to tell another about a communicable STD, in that case hepatitis, was actionable as a civil case. I see no reason that this could not be prosecuted criminally where, as was the case here, the boyfriend knew he was HIV positive.
Robert Fine
July 22nd, 2012
It is criminal: if she dies, he can be charged with manslaughter, if not murder. If she doesn’t die, it can be — at a minimum — criminal battery.
Civilly, she’s got a slam-dunk case for a host of torts, if she can prove she got the disease from this guy.
Moe Tom
July 22nd, 2012
Truth be told they are both assholes/ but that’s me.
Stranded in Sonoma
July 22nd, 2012
Someone should carve HIV+ on his forehead so it leaves a legible scar.
MNP
July 22nd, 2012
@ stranded, after his head is separated form his torso.
fullcirclethinker
July 22nd, 2012
Why have we gotten to the point where we are protecting the ‘infector’ instead of the infected?! This is right up there with not wanting to pass judgment lest we be found judgmental.
“Woe to those who call evil good, and good evil; who put bitter for sweet, and sweet for bitter!
Woe to those who are wise in their own eyes, and prudent in their own sight!
Who justify the wicked for a bribe, and take away justice from the righteous man!
Therefore, as the fire devours the stubble, and the flame consumes the chaff,
So their root will be as rottenness, and their blossom will ascend like dust;
Because they have rejected the law of the Lord of hosts, and despised the word of the Holy One of Israel.”
- Isaiah 5:20, 23, 24
Moe Tom
July 22nd, 2012
The fuckers should be identified and quarentined. Wait till this shit hits the armed services.
Friend of the family
July 22nd, 2012
Quote:
“After that ER visit, she brought her partner, whom she credits with saving her life, to my clinic to be tested; she was concerned that she had transmitted the virus to him.”
That’s the cover up word today isn’t it? Partner. “She brought her partner…” No doubt, they are living together.
A partner with no strings attached means someone like herself who has slept with God knows how many people (before and even now). Old fashioned marriage didn’t guarantee anything, but it lessened the chances at a time when morality was still virtuous. It doesn’t matter now anyway; she’s in trouble whether he’s sued and/or in jail, or put in his grave prematurely by his “partner” if the doc should spill the beans.
Partner, like the word “gay,” doesn’t justify a damn thing. Keep on whoring people; you may think it nothing, but there’s plenty in the Bible about the consequences. E.g.–Fullcirclethinker’s comment.
“For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.”
Romans 6:23
Joe
July 22nd, 2012
Whether it is criminal or not, it’s a death sentence.
bob
July 22nd, 2012
There is case law regarding this issue, but since I’m not a lawyer and don’t play one on TV I can’t remember it.
But I do remember reading about a guy who screwed lots of women and knew he was HIV positive and he was charged with a crime.
The problem is, it doesn’t SOUND like the woman will press charges. Someone should…
Milwaukee Mike
July 22nd, 2012
Waiting for the twist from the progs that ties this a need for government run health care…
Annie
July 22nd, 2012
@ A partner with no strings attached
nothing else to say
Team America
July 22nd, 2012
HIPAA (Health Insurance Portability and Accountability Act)laws do not allow medical professionals of any flavor (secretary, assts., doctors) to disclose any information about a patient to anyone else outside of the office without patient consent.
Although, HIV should be reported to the HHS or CDC (can’t remember which org) for no other reason than tracking. They are not to release this info to anyone.
In some states, I believe it is a crime not to share with your partner that you are HIV positive.
I learned this in my medical ethics class. I also have another med ethics class coming up this fall. This will be an interesting topic to bring up again.
Team America
July 22nd, 2012
BTW – can you imagine “sebelius” keeping anything confidential?
Tim
July 22nd, 2012
“… whom she credits with saving her life …”
Present tense. She still don’t get it.
Dumber than dirt – or she’s been whoring around.
If she killed the scumbag, I wouldn’t convict her.
RosalindJ
July 22nd, 2012
Faaaak.
Aren’t medical professionals supposed to protect patients and the community at large? There is protocol about a patient being ‘a danger to themselves and others?
Forget the stigma of HIV/AIDs, or whether one is married or not – the communicability does not respect religious beliefs or legal standing. Though there is a lower rate of transmission with the former, substitute the diagnosis with drug-resistant tuberculosis. Does that change anyone’s mind about doing ‘the ethical’ thing?
RosalindJ
July 22nd, 2012
P.S. I emailed a link a while ago about there being a movement afoot to permit the donation to blood banks of ‘low risk’ homosexuals. Who by definition are at a high risk demographically.
Bill
July 22nd, 2012
Political correctness claims another victim.
Jerry The Great
July 22nd, 2012
From the article…
“Above all, we need to remove the stigma associated with HIV testing and being HIV-positive. If health-care providers and patients viewed and handled the disease like the manageable and treatable condition it is, we could chip away at the negative perceptions associated with the virus, like we have done with cancer, tuberculosis and syphilis.”
Nah, it needs to retain a stigma, it’s an avoidable disease, people should never think “well no big deal I can just get treatment”.
Billy Fuster
July 22nd, 2012
Liberalism = death. When the blood supply is infected with HIV then aids will run rampant in the population. All will become “equal” in that everyone’s health will be dragged down to this common denominator just like the dumbing-down in education and the taxing-down in economics. Extinction can be avoided with an all-out tax revolution and secession of the red states.
scr_north
July 22nd, 2012
I believe there are exceptions to HIPAA’s patient consent constraint. This happens when the doctor has has a reasonable belief that the patient will harm himself or others. It’s fair to say that he had already demonstrated his willingness to harm others so the cops should have been informed who would then inform the girlfriend. It’s a felony here in Ontario for an hiv infected person to have sex with someone and not tell them their status in advance. In this case the doctor had reasonable grounds (the fact he was taking an hiv drug presumably before he was living with the victim) for intervening. Also I would think if he were living in a state that has criminal laws regarding hiv transmission either deliberately infecting at worst, depraved indifference at best then I would think he has to call in the cops because he has knowledge of a felony.
Friend of the family
July 22nd, 2012
@Annie
http://www.youtube.com/watch?v=DRCgueckAXE
Don’t say anything…
sablegsd
July 22nd, 2012
“The fuckers should be identified and quarentined. Wait till this shit hits the armed services.”
I concur. I said from the beginning they should be quarantined. Because obviously they have no common sense, morals or decency.
TXLadyP8riot
July 22nd, 2012
I see there is one person’s comment that believes the government should protect everyone from themselves.
With that said, I think that the issue is not to release the information to the public, but only to the “partners involved.” Yes, the “partner” who withheld vital health information is nothing more than a creep, and he should be ashamed of himself. The woman should also have had the sense to ask questions before becoming sexually active with him or anyone! If partners refuse to answer questions, then don’t get involved with them – period!