HIV Testing: Court Lets Patient’s Case Go Forward.
Legal Eagle Eye Newsletter for the Nursing Profession
February 2015
Under state law a healthcare provider cannot order or perform an HIV test without the patient’s consent.
Nevertheless, when there is a positive HIV test result the healthcare provider has no choice but to report it to the local county health department. If the county follows up with a request for copies of the patient’s medical records, the healthcare provider must comply.
UNITED STATES DISTRICT COURT ARIZONA January 20, 2015A patient filed suit against a US government funded health clinic after a nurse sent his blood to the lab for HIV testing, then reported the positive test result to the local county health department and forwarded the patient’s medical records to the county health department, all without the patient’s consent.
The US District Court for the District of Arizona agreed with the patient that he has the right to sue for an HIV test being conducted without his consent. He will get his day in court to try to convince the judge or jury he should be awarded legal damages for emotional harm from not being ready to accept the implications of his diagnosis.
However, he cannot sue the clinic or the nurse for breach of medical confidentiality or invasion of privacy. According to the Court, a healthcare provider has no discretion in the matter but must report any positive HIV test result to the local county health department. If the local county health department requests copies of the patient’s medical records, the healthcare provider must comply and is not liable for breach of medical confidentiality for doing so.
Patient v. US, 2015 WL 249380 (D. Ariz., January 20, 2015).More references from nursinglaw.com
http://www.nursinglaw.com/hivtest2.htm
http://www.nursinglaw.com/hivtest3.htm
http://www.nursinglaw.com/hivstatus2.htm
http://www.nursinglaw.com/hivstatus3.htm