October 10, 2012
NY Woman With HIV Tested Without Her Consent Sues
A lawsuit by a New York City woman against a physician claims he violated state law by testing her for HIV without her consent, DNAinfo.com reports. The test showed she has HIV. The woman, who filed her suit as “Jane Doe” to protect her privacy, was recovering from gastric bypass surgery when a nutritionist recommended she see Pavel Yutsis, MD, for treatment of a vitamin B12 deficiency. After several visits, the woman continued to have low white blood cell counts and low B12 levels. Yutsis suggested an HIV test, which she declined. After that, an additional blood test was requested, which the woman says she agreed to because she believed it was to see if the B12 treatment had worked. At the next visit, Yutsis told the woman she had HIV. The woman claims that she did not sign a consent form for the HIV test, which is required in New York State.
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