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Author Topic: hospital dept disclosed my status to employer  (Read 1595 times)

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Offline oater6947

  • Member
  • Posts: 3
hospital dept disclosed my status to employer
« on: April 03, 2010, 08:32:36 AM »
Im based in Australia I got new job and did not declare my HIV status when I went for medicals for a new job but the doctor who did the medical did a follow up on Kidney function test I had done earlier on and a staff member of that department disclosed to the doctor that I was being treated for HIV. I feel the hospital dept had no authority to disclose my status, as my information is confidential. Im considering suing and Dr who treats me at the hospital also said that that department was not supposed to disclose that information as they they had nothing to do with my treatment. Is there some people out there who had similar issues looking for ideas. The company offered me the job anyway despite my condition
Oater        
« Last Edit: April 03, 2010, 08:35:51 AM by oater6947 »
Date          CD4    Vl
24-08-08     48      850K
08-09-08      started Truvada/Kaletra Dapsone
08-10-08     94      586K
10-11-08    123     354K
12-01-09      98     176K
15-03-09    145       40K
16-05-09    170        5K
24-06-09    220        3K
02-09-09    190           80
09-09-09    172          <50
16-12-09    240            40

Offline BlueMoon

  • Member
  • Posts: 665
  • Calling from the Fun House
Re: hospital dept disclosed my status to employer
« Reply #1 on: April 03, 2010, 08:46:40 AM »
Congratulations on the new job.
...................VL.....CD4.....%
-----------------------------------------
08/10-- ......<40.....290.....42
05/10-- ......<48.....290.....46
02/10-- ......<48.....481.....44
10/09-- ......<48.....277.....46
07/09-- ......<48.....300.....38
05/09-- ........51.....449.....39
03/09-- Added Isentress
02/09-- ........65.....299.....34
11/08-- ........62.....242.....40
08/08-- ........66.....212.....29
05/08-- ......202.....217.....27
03/08-- ....5210.....187.....21
02/08-- Began Truvada/Reyataz/Norvir
12/07-- 273,000.....157.....22
11/07-- 229,000.....209.....22
10/07-- Diagnosis

It's a complex world.

Offline mecch

  • Member
  • Posts: 11,423
  • red pill? or blue pill?
Re: hospital dept disclosed my status to employer
« Reply #2 on: April 03, 2010, 09:16:23 AM »
Congratulations on the new job wow!

If suing the hospital has NOTHING to do with your new job, then do it. I wouldnt want to start a job being known a litigious person but if they wont be involved in that law suit, why not. Just keep it quiet.
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline chguy78

  • Member
  • Posts: 67
Re: hospital dept disclosed my status to employer
« Reply #3 on: April 03, 2010, 10:07:58 AM »
Congratulations on getting the job.  I would consult an attorney experienced in this area of law and discuss what remedy there may be.  Damages may be provided by some statute in Australia but the fact that you still received the job seems to preclude a common law award of damages.
01/11: CD4=753 (36%), VL=Undetectable
07/10: CD4=531 (33%), VL=Undetectable
04/10: CD4=746 (33%), VL=Undetectable
01/10: CD4=566 (35%), VL=Undetectable
10/09: CD4=436 (31%), VL=405
07/09: CD4=631 (27%), VL=847
06/09: Started: Truvada, Reyataz, Norvir
05/09: CD4=426 (28%), VL=38,300
04/09: Positive; CD4=466 (28%), VL=39,700
10/08: Negative

Offline zielwolf

  • Member
  • Posts: 10
    • In Memory Of The 12" Single
Re: hospital dept disclosed my status to employer
« Reply #4 on: April 03, 2010, 12:47:47 PM »
Hey there, for sure in Australia it is certainly totally illegal and a big deal for anyone to disclose your HIV status to your employer except for yourself.

The only person who is supposed to disclose your HIV status to your employer is yourself and then it is totally up to you unless 1) you are a health worker performing defined "exposure prone procedures" (very rare) 2) you are applying to be a member of the Defence Forces. In these two cases you must disclose, the onus being on "you", not your doctor or hospital or anyone else.

Even though you got the job I would still sue for everything you can get, because this changes everything for you. Sure your employer may be cool with it, but this information is something you can never take back and you don't know when it will bounce back on you in a bad way.

In any case, those health providers totally broke the law, a law which is hardly vague or hard to follow, and in 2010 for God's sake they should have known a whole lot better being health service providers!

03/10 VL >100,000, CD4 275
Started Viramune/Truvada
05/10 VL 606, CD4 438

Offline chguy78

  • Member
  • Posts: 67
Re: hospital dept disclosed my status to employer
« Reply #5 on: April 03, 2010, 01:23:17 PM »
I completely agree that it is almost certainly illegal in Australia: my only point was the level of damages.  This clearly violates the common law duty of confidentiality that a doctor (or health care practitioner) has to her patient.  Nevertheless, there are many cases where someone commits a tort or breaks a statutory law and there are no actual or compensatory damages.  I would certainly hope that the disclosure laws provide for some sort of penalty or liquidated damages because otherwise it would be very difficult to prove the amount to which one was harmed.

Don't get me wrong: what they did was inexcusable.  And, like I said, I would consult an attorney experienced in this area.
01/11: CD4=753 (36%), VL=Undetectable
07/10: CD4=531 (33%), VL=Undetectable
04/10: CD4=746 (33%), VL=Undetectable
01/10: CD4=566 (35%), VL=Undetectable
10/09: CD4=436 (31%), VL=405
07/09: CD4=631 (27%), VL=847
06/09: Started: Truvada, Reyataz, Norvir
05/09: CD4=426 (28%), VL=38,300
04/09: Positive; CD4=466 (28%), VL=39,700
10/08: Negative

Offline Matty the Damned

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  • Posts: 12,228
  • Ninja Please
Re: hospital dept disclosed my status to employer
« Reply #6 on: April 03, 2010, 04:35:43 PM »
It is illegal for a healthcare provider to disclose someone's HIV status without their consent down here,

There is no uniform law covering this, rather it's governed at a state level. In NSW the relevant legislation would be the Public Health Act 1991. Other states will have equivalent laws.

Before lawyering up I would advise the OP to consult the HIV/AIDS Legal Centre.

MtD

Offline tednlou2

  • Member
  • Posts: 4,810
Re: hospital dept disclosed my status to employer
« Reply #7 on: April 04, 2010, 01:35:26 AM »
As I've talked about on here before, a nurse disclosed my status to family members indirectly by saying out-loud the meds she was giving me.  I've thought about suing, but think I've decided to let it go.  I don't think she meant any harm.  I hope she wouldn't have done that knowingly.  She probably didn't even know what the meds were for--although if she was a good nurse she should have known why I was in the hospital and what medications I was being given.  It upset me further, because I didn't know I was being given HIV meds until those family members, who are in medicine, told me what they were for.

Has it caused you any issues with the job?  Regardless, they were wrong to do that.  I've thought about suing to just have changes made and not seek money.  However, it would be hard to get an attorney to take the case without the possibility of getting paid. 


Offline Matty the Damned

  • Member
  • Posts: 12,228
  • Ninja Please
Re: hospital dept disclosed my status to employer
« Reply #8 on: April 04, 2010, 01:39:03 AM »
As far as I'm aware in NSW a health care professional who reveals someone's HIV status without their consent or a lawful excuse is guilty of a criminal offence. It carries a stiff fine and a potential gaol sentence.

MtD

Offline leatherman

  • Member
  • Posts: 6,120
  • Google and HIV meds are Your Friends
Re: hospital dept disclosed my status to employer
« Reply #9 on: April 04, 2010, 09:54:07 AM »
The company offered me the job anyway despite my condition     
a few other things to consider besides the actual legality of the matter. Will suing put you on bad footing (ie relationship) with the hospital, especially since they have offered you a job? Nothing like pissing of the mgt first thing. LOL Might they perhaps "find" some other "reason" to not hire you, or to fire you, if you do sue? (that sort of thing frequently happens in the USA)

instead, might a nicely word letter or conversation with that staff member's (the one who passed along your status) department head discussing the legality and ramifications of his staffer's breach of security and legal code do you more good? Letting them know that you are upset at the staffer's legal error but not enough to sue, while someone else COULD have sued, might not only prevent this from happening in the future; but demonstate how YOU are already looking out for the welfare of the hospital. ;)

just thoughts ;)
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

 


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