Woman Sues Doctor After He Tells Her She’s HIV-Positive

The plaintiff was treated at Lifex Medical Care in Sheepshead Bay, Brooklyn following a gastric-bypass surgery she had at another medical establishment. A test revealed that her white blood cells were low, so Yutsis allegedly suggested that she get tested. The woman, described as “Jane Doe” according to The Daily News, allegedly stated that she did not want the test.

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But, on Sept. 11, the doctor allegedly did the test anyway.

The Daily News has more background:

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.”

The lawsuit also alleged that other staff members knew about the results — despite the law’s requirement of confidentiality — and one of them even told her she should get retested.

A receptionist at Lifex said Yutsis could not comment because he is sick and in the hospital.

The plaintiff is asking for damages for “terror, confusion, embarrassment and emotional distress,” according to The Daily News.

“He lied and he knew what he was doing,” she said of the doctor. “When his name is mentioned . . . it makes me sick to my stomach.”