Tested for hiv without neither verbal nor written consent

[Just Blue]

Odd...Works for me.

 

[quincy]

Odd...Works for me.

I have privacy settings that prevent me from viewing some sites. Perhaps it will work for others as it does for you.

 

[Dandy Don]

Seems like there will be no benefit to you to sue if your goal is to obtain financial damages. Shouldn't your main concern be to find out when and how the information will be removed from your medical records and whether a lawsuit is even necessary to accomplish that?

 

[quincy]

Seems like there will be no benefit to you to sue if your goal is to obtain financial damages. Shouldn't your main concern be to find out when and how the information will be removed from your medical records and whether a lawsuit is even necessary to accomplish that?

I think I mentioned earlier that information in medical records will generally not be deleted. The patient can add a notation/addendum to the records to correct misinformation. No lawsuit is required.

A privacy lawsuit is the only legal action I can see offhand that might be possible, depending on all facts - although the statute of limitations can also be an issue with a privacy suit.

Here is a link to frequently asked questions, with one FAQ being: "How can I correct an error in my records?"

http://mbc.ca.gov/Consumers/Complaints/Complaints_FAQ/Medical_Records_FAQ.aspx
JustJustice said s/he is waiting on the medical records.

 

[JustJustice]

Thanks for your reply and for the link! I’m currently overseas till December so I won’t be able to request a copy of my medical record till then. I only requested a copy of the lab work and what I signed for and hiv wasn’t on there. I was given the copy by the nurse after they dragged for 2 weeks. She had the look of guilt in her eyes and she asked me if there’s anything she could do to help. They knew they broke the law. I certainly hope they didn’t fabricate or add anything to my record to cover themselves from breaking the law. Is it true that I only have a year to sue them? I read that somewhere concerning a case like mine but not sure if it was in California. Concerning protection of my privacy, the entire clinic now is aware of this and that to me is a major violation.

Thanks for your input! I’m overseas till December. It will be a year the end of this month. Is it possible to somehow have an attorney proceed on my behalf without being physically present in California?

 

[quincy]

Thanks for your input! I’m overseas till December. It will be a year the end of this month. Is it possible to somehow have an attorney proceed on my behalf without being physically present in California?

You could contact an attorney to see what is necessary for him to proceed on your behalf. If you are talking about filing a lawsuit, though, I doubt you will be able to make arrangements and accomplish anything before the end of the month.

As for correcting your medical records and filing a complaint, those can be done when you return to the US.