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Woman Suing Doctor For Correctly Diagnosing Her Illness
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.”
Unslung Hero
October 4th, 2012
Yo homey………if you didn’t want the test, you and the taxpayers are NOT responsible for you to get treatment for your highly contagious poontang……..
Sarthurk
October 4th, 2012
she needs to be executed. Sorry, but this mentality is what perpetuates the disease.
FreeMan & Sarah Voting Early & Often
October 4th, 2012
OT – Talk about illness. W T F is this
http://www.youtube.com/watch?v=b2HSo3yywDU
.
Edith McCrotch
October 4th, 2012
You had me at Harlem when…”I was no good.”
Diann
October 4th, 2012
When are we going to treat HIV and AIDS the same way we treat every other infectious disease? You know for a subsegment of our population who demands that they be treated “just like everyone else” the gays sure did force all this special treatment on themselves and this infectious disease they saddled this country with. Now we have to walk on egg shells, put the general population at risk, all so those infected with this highly transmitable and deadly disease don’t get their feelings hurt. It is a freaking disease! An infectious disease! It isn’t a freaking LIFESTYLE CHOICE.
Rant over
jclady
October 4th, 2012
@Diann — Snap!
You said everything I was thinking but better. You go, girl!
Moe Tom
October 4th, 2012
She has a good case. Where do these Doctors get their comeuppence? Jest who do they think they is?
Back when I was 60, my doctor, a little Jewish fella said to me.”Tom, you have high blood pressure and a slight blockage in an inoperable area near your heart. You smoke ,you say, 10 cigarettes a day, (Lie I smoked two packs a day) and you drink three beers a day, (hee hee another lie, how about 1/2 a bottle of Dewars a day), So you should stop smoking and drinking.” The guy ruined my life. I still see him though. I need a good prick of a lawyer. I like the guy very much, but he really pisses me off.
AbigailAdams
October 4th, 2012
@Diann — Well said! Well Said!
RANDO
October 4th, 2012
So in other words, this person knew she was infected, and wanted a fall guy.
Vitamin B12 my eye.
Dano
October 4th, 2012
You see that’s why health care is so FUCKING expensive! These greedy, live off the government types, fucking indiscrimitaly and getting diseases and THEN sueing the Doctor who told this SLUT she’s got the bug!! CLOSE YOUR LEGS!!
RANDO
October 4th, 2012
@ FreeMan: I’m pretty sure that’s some sort of sexual innuendo…
Unneutral
October 4th, 2012
Sounds like typical liberals that don’t want to take responsibility.
Ricky
October 4th, 2012
I hope she dies a painful death.. just for all the pain she’s given to others..
Nutjob
October 4th, 2012
She’s right, the doctor totally miss diagnosed her….she’s a freaking idiot with mental issues.
Stranded in Sonoma
October 5th, 2012
@RANDO — I’ll even bet she’s had an HIV test before and has tried to keep it quiet so she can continue boinking uninterrupted.
The doctor should hire investigators and find if she has had an HIV test before. Then watch this suit dissolve like Barry’s foreign policy.
scr_north
October 5th, 2012
I’ll go against the grain here and say she has a case for invasion of privacy. She explicitly stated she didn’t want the test and the doctor obatined, through fraud, the blood necessary for the test. I don’t agree with her choice but it was her choice to make, not the doctors. I suspect that if the progressives remain in control much longer any medical test they deem necessary, however intrusive will become mandatory with no recourse available. Think for a moment about fetal tests for disease or conditions becoming mandatory and the logical steps the progressives would seek to take. It’s a slippery slope.
fxdwg
October 5th, 2012
Dat ho gots da HIV. (snicker).