Woman sues doctor for informing her she was HIV positive
It’s a patient’s worst nightmare. A Harlem woman is suing a doctor for informing her she was HIV positive, the Huffington Post reports.
The 31-year-old woman is identified in the lawsuit as “Jane Doe” to protect her privacy. She said she became a patient of Dr. Pavel Yutsis who violated state law by tricking her into submitting blood for a HIV test without her written authorization.
Most states require written consent before administering an HIV test, and patient counseling if the test comes back positive.
“I was tricked. I never signed any paper,” the woman told DNAinfo.com last week. “It was a slap in the face.”
According to the lawsuit, the woman had undergone gastric-bypass surgery at another clinic when a nutritionist referred her to Dr. Yutsis’ Lifex Medical Care clinic for treatment of a Vitamin B12 deficiency, due to her low red blood count (anemia).
Most healthy people get their vitamin B12 from their diet. When normal treatment failed to elevate her white blood count to within normal range, Dr. Yutsis recommended she take an HIV test to determine the reason for her low white blood count. But since vitamin B12 is not normally associated with the white blood cell count, the woman refused.
She explained to Dr. Yutsis that she was only concerned with healing from her surgery. “I wasn’t really concerned about anything else,” she told DNAinfo.com New York.
On Sept. 9, 2011, Dr. Yutsis’ assistant asked Jane Doe to submit to another blood test. According to the lawsuit, Jane Doe “was unaware that her blood was going to be tested for HIV.”
“She was never asked to sign a form consenting to the test and was not given counseling to prepare her for the administration of an HIV test,” the lawsuit says.
On Sept. 22, Jane Doe was informed by Yutsis that she tested positive for HIV, the virus that causes AIDS.
“My body got numb. I was not good after that,” the woman said. “I was tricked with something I had no clue about.”
Jane Doe claims her test results were not kept confidential. She said her file was left open near where “a group of employees” were chatting.
As she left the doctor’s office, she said she was stopped by one of the employees who tried to console her.
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wow. just wow
Have a seat. The doctor tricked you into taking a test that could save others lives.
Feel no sympathy for her at all. She will be aight but the potential partners you would or did sleep with feel better. Kick rocks IMO
In other words the bish already KNEW she had it n was mad that it was now confirmed on paper where it could possibly lead back to her. Which means she is more than likely sleeping with ppl n not informing them of her status (a crime in ny). N if she truly just didn’t want to know she is even more pathetic. But something tells me she knew. Damn shame. Thats y im SCARED to have sex wit someone new (even tho thats doesn’t guarantee anything) but im keeping my chances of contracting something slim as possible
smh. you would think a bish would be grateful that she in the know about her status.
with all this lawsuit bullcrap and start calling ur partner/s.
Is she out of her mind? This was a blessing in disguise? He didn’t trick you in to GETTING HIV.. he simply INFORMED you that you have it. This is good news so, now you can INFORM the people you have sex with.
I come back from lunch to this dumb broad…
Gurrl bye
Somebody needs to post a nationwide picture of this dumb *ss.
That bytch knew she had that monsta’.
Came up in that doctor office acting brand new.
This is nuts. Is she mad at the dr. or mad at the world? She needs to be mad at whoever gave her that disease. The dr. may have helped her extend her life because now she can get treatment and he hopefully has saved other peoples lives too, but “Jane” seems like she might not be responsible enough to do right by others.
We had a post like this before. I said then and will say now fck her for knowing but not wanting to know and putting no telling how many other lives at risk for a nut. Bitch.
They didn’t test her before they did her Gastric?
notice her name is withheld “Jane Doe” my azz. Only a matter a time before pics and name surface.
@man EXACTLY she probably didn’t want any note of it in her medical records bcuz its a small world n she didn’t want to be outed as hiv positive. She KNEW. N now bcuz of this its just a matter if time before EVERYBODY knows smh n rightfully so
She just wanted to heal from the Gastric surgery BUT she failed to realize that part of that healing is to be treated properly for any other health issues you may have.
@dimpz….
…..she KNEW
…and now she is criminally liable if she don’t inform her “customers.”
That bytch was prolly doin everything she can not to take that test.
@ Ain’t…I think she did too. Guess she wanted to be able to play dumb so noone could sue her for knowingly spreading it.
N she is probably someone popular as hell who gets around n probably has a big butt n a smile n dudes probably think they getting something special hittin raw….little do they know. She seems like a person who would try to give it to as many people as possible just cuz she is mad she has it.
I hope this goes before a Judge that rip into her and simply pat the Doc on his back.
LAWD HAVE MERCY
ain’t got no time….Dem cute babies look familar
no excuse for this
She was scared to get a test that could prolong her life and save others and since the dr broke protocol and did it anyway, she’ll win this lawsuit although it’s frivolous and not right. He acted with her best interest in mind even if it was beyond the scope of his duties and without her permission. I hope she loses and I hope this case sets a standard for drs to be able to act when a patient is in denial..
@Bad if you’re in here, I was lurking and saw about your father and I am praying hun. I am so sorry you’re going through this
I remember we talked about this. She kinda got a HIPPA case but she still dead ass wrong. Ill bitch.
WorkInProgress says:
notice her name is withheld “Jane Doe” my azz. Only a matter a time before pics and name surface.
___________
the dr has to report her azz to the health department right
“My body got numb. I was not good after that,” the woman said. “I was tricked with something I had no clue about.”
__________
My body got numb, I finally had to face the truth. Finally I had to face the facts.
This lady had mental issues! I’m enraged!!
the fukk??
son that Dr. prolly saved yo life & now u tryna sue! she NEED to try a sue da mf that GAVE the chit to her. only in amurrica!
aint nobody got time for that says:
In other words the bish already KNEW she had it n was mad that it was now confirmed on paper where it could possibly lead back to her. Which means she is more than likely sleeping with ppl n not informing them of her status (a crime in ny). N if she truly just didn’t want to know she is even more pathetic. But something tells me she knew.
~~~~~~~
I think she knew. Why wouldn’t you take the test, to rule it out.
also if her HIPPA rights were violated she has a case. but her being mad about BEING DIAGNOSED is fukkin cray!
This pisses me off just like people who are DNR that try to sue good Samaritans that have saved their life in spite of that status. How do you try to penalize someone who didn’t want you or others to die and was in a position to help stop that?
FayMrsWhipfinityIfYewNassy
says:
well Ms Shay. is it true my bag aint safe around yew??
____________________
Nooooooo….not at ALL!!!! (eyes yo jewlry……)
She knew. Vain trife heffa want to lose weight quick, no work and wanna get fresh clean blood in her tainted ass.
@just lookin
bey n solange looking like her sister kelly
She’s a fat girl with da monsta. Poor thing
See this kind of shizz scares the bejesus out of me. I had to sign some **** the other day, saying it’s okay if they give me a blood transfusion, if I needed it during/after surgery. I don’t even eat meat, I may have to eat a side of COW, before surgery now. Why are people so mofo crazy. WHYYYYYYYYYYYYYYYYYYYY
Since she don’t care about the HIV, she could have saved her money… let the sh*t turn in to AIDS… loose a bunch of weight… and die off. Problem solved.
We have a lot of old outdated laws that only become a problem AFTER something happens (i.e. stand your ground) smh n hiv isnt an automatic death sentence like it was before. Ppl think of it as being associated wit sex. I think that’s where the stigma comes from but it doesn’t even attack the sex organs. I mean its as common as cancer. Neither have A cure….that we know of. So y the stigma? Ignorance is bliss. Until your ignorance starts to interfere with other peoples bliss.
@Mac – Yeah, this hefa tried to get her blood cleaned. This bish is crazy.
Dr. Yosif is crazy too. Talking bout…oxygen therapy,and exposing blood to ultraviolet rays.
GTFOH
The both of them….
@ Shaun…you been on Wilson’s leather lately?
@RIF – Thanks for saying that, I was trying to keep from being ratched this week.
probably has a big butt n a smile n dudes probably think they getting something special hittin raw
*****
oh trust they azz is getting something “special” alright
This hollow headed heaux….sit down somewhere. But first…get down on your knees & thank God that you found out. Sue happy folks kill me. Should be trynna sue the kat that “tricked” yo simple arse into havin unprotected sex. Now because of this frivilous lawsuit..ERRYBODYS insurance rates increase.
OAN…I drug this from downstairs..
Diva says: that n*gga know I ain’t no h*e
______________________
Now Divurrr…u KNOW if we don’t let Man’s flip flops on the wrong feet wearin arse have any sharp objects…that we also don’t take him seriously!
She knew she was HIV positive from the get go!
@aint…
So, where does it “come” from exactly? yes, you can get HIV from other activities other than sex but, the number one transmittal source is sex. No, it is not a death sentence UNLESS you are ignorant and do not get treatment… in which case, like cancer, it is a death sentence.
Cancer does not come from out of the air. Cancer is an abundance of carcinogens that are not filtered out from the body and there are many causes including how your body reacts to filtering out what you put in it.
Anyway, I think there should be a scare or stigma, especially for our youth, about contracting HIV. It’s a life long battle illness to deal with. You don’t take a tylenol and get over it. The only thing wrong with fear is when ignorance follows behind it.
ReadingIsFundamental says:
Since she don’t care about the HIV, she could have saved her money… let the sh*t turn in to AIDS… loose a bunch of weight… and die off. Problem solved.
~~~~~~~~~~~~~~~~~~~~~~~~~
PREACH
@Whang, I know chile…..gotta mess with 3.5 inch dude somehow
Diva says:
@Whang, I know chile…..gotta mess with 3.5 inch dude somehow
_____________________________
@Divurrr ..I know…awww bless lil Man****les heart!!
She had gastric bypass (I’m assuming to lose weight). That’s the least of her problems now.
aint nobody got time for that says:
In other words the bish already KNEW she had it n was mad that it was now confirmed on paper where it could possibly lead back to her.
_________________
I thought the same thing. It sounds like she knew she had it.
@rif i see where ur coming from but i slightly disagree. The stigma associated with hiv is more hurtful than helpful bcuz young ppl know about it n STILL participate in risky activities. What the stigma does is make those who contract it ashamed to get tested/treated or share their status before sex. I think the inadequate funding of sex ed in public schools as well as adults (some not all) in the home, school, church, etc not wanting to discuss sex with the children. I think its natural to have certain feelings at a certain age but what happens when your body is growing up but your mind isnt? U have sex EVERYWHERE n no guidance n voila recipe for disaster. The stigma aint scaring ppl into stopping the risky behavior. Its stopping the treatment
MzDimplez1123 says:
They didn’t test her before they did her Gastric?
________________
You already know they asked her to take the HIV test before the surgery and she said no.
Almost everything has a cure I believe they just choose not to release it because its a money thing. Why release a cure when there is more money in medication.
ReadingIsFundamental says:
She just wanted to heal from the Gastric surgery BUT she failed to realize that part of that healing is to be treated properly for any other health issues you may have.
________________
I’m sure they told her that and much more. The chile didn’t want to know.
@ Sandra…
Damned shame.
@black daria yeah n population control is another added bonus. I just look at areas where HIV is most prevalent n i think what do people have to gain by letting people die off….natural resources comes to mind. But who knows. N the ones who know aint telling
Just Looking Don’t Ask Me NOTHING says:
My body got numb, I finally had to face the truth. Finally I had to face the facts.
________________
She said her file was left open near where “a group of employees” were chatting. That sounds more like the employees heard the ruckus in the doctor’s office and tried to calm her down. She knew.. and din’t want to know.
aint nobody got time for that says:
N the ones who know aint telling
_________________
That line of thinking is simply not true. But you and others will believe what you want.
@ aint.
I hear ya. It takes a village and I blame children with risky behavior to have more issues than stigma surrounding HIV. .. bad parenting or bad peer pressure or un-treated trauma or simple bad *ss kids making bad choices. This is however, a grown woman with a disease that is transmitted primarily sexually and that can lead to death if gone un-treated. She isn’t refusing treatment because it is not available. She is making a choice. The facts around the disease are not a stigma in my opinion.. they are facts. You can’t lead a healthy or normal life with HIV. You can’t be in a normal and healthy sexual relationship with someone anymore because you have to take some pretty uncomfortable precautions. The life you live with HIV can be long but, it’s not comfortable. My bro-inlaw has HIV and he has to deal with some new ailment d*mn near every six months it seems. He has to stick with the dummy that gave him the disease because who else is he going to be in a relationship with? (i don’t agree with him on this but, i’m not in his shoes) His body fights with his medications to keep some sort of immune system. It’s kind of like you have to have some sort of fear of God to believe in and respect him. You have to have some sort of fear of the devil to believe in him and respect his evil in order to keep from making bad choices. Well, there should be a fear of HIV.. and Cancer… and h*ll even the flu these days.
The lack of treatment is regulated by the government but, I don’t go in to conspiracy theories too deeply. However, I do know that treatment is out there. I think the lesson should be to lower your risk of contracting the disease not, wait until you get it and pray that treatment is available.
(i like talking to people like you.. i only go back and forth with people who are actually talking with sense; even if i disagree)
Okay, that’s my sober book for the day
who is pouring drinks?
@Sandra
Totally agree with you,She KNEW”
FurtherMore
What type of Ignant shyte is this,U MAD that ur made aware of an Underlying issue!?!?!?
GTFOHWTBS!
A cure for a virus?
This is DUMB!!! The lawyer taking this case should be trying to advocate for a change in the laws that require written consent before getting the test. Wtf is the point in preaching about an epidemic like HIV when folks who exhibit danger signs like low blood counts don’t even have to get tested? I get annoyed every time I get my annual and request testing and have to damn near beg for an HIV test. Just give me the damn test so I can have peace of mind! The reality is EVERY sexual encounter could be “the one” it ain’t like you gotta be a hoe or gotta be shooting up or gotta be gay. Lord I can’t deal with this ignorance. Do y’all know how many women don’t even get annuals or who have NEVER gotten a pap even though they’ve been sexually active for years??? The fugg is wrong with people! >>>>steps off soapbox
LaWd,Beyounce lip syncN is gonnA BE On the World news w/Diane Sawyer . .
<–Not a BEY Stan,But DAYUM LET HER LiVe!!
@Bad if you’re in here, I was lurking and saw about your father and I am praying hun. I am so sorry you’re going through this<—I DUNNO WHAT THIS IS ABOUT . . .
BUT "HIS" UR IN MY thoughts and prayers
If I was on the jury I would vote for a verdict in her favor and award her50 dollars! She doesn’t want to have to inform her sex partners now that she has lost all that weight from the gastric bypass surgery
Is it really?! Lol now that’s a damn shame. Diane be getting slizzard. Lololol
@ Reading, your brother-in-law is lucky to have someone. A lot of HIV/AIDS patients suffer alone.
Sandra! Beyonce started a blog.
Lol @sandra i never said i believe theres a cure! But i do atleast entertain all theories before being dismissive.
@rif ditto
i agree. We cant just act like hiv is a common cold. There is no “normal” life with any illness that u have to take a cocktail off pills to treat (not cure) fir the rest of ur life. I definitely think its a big problem ppl took more serious when it was new. But sadly theres people who dont even understand this disease and its affects. N these people are sexually active. I still feel the stigma is sort of a catch 22 tho. Bcuz i feel like it stops a loooot of people from leading a healthy lifestyle. I guess all we can do is try our best to protect ourselves
rjk8 says:
If I was on the jury I would vote for a verdict in her favor and award her50 dollars! She doesn’t want to have to inform her sex partners now that she has lost all that weight from the gastric bypass surgery
_________________
If I was on that jury I would lecture her about being irresponsible and immature.
OutsidetheBox says:
Sandra! Beyonce started a blog.
_____________
She already had a blog.
But if she really did know why would you spend all that money on that surgery? I’m sure it wasn’t cheap. She coulda spent that on her bucket list.
@sandra the person he is with is the person he contracted the disease from. He is wit her bcuz he feels like its his only choice. People can still suffer in relationships. God bless him either way.
You on your funny Sandrita Rose?! I meant a blog she cultivates/authors.
Not tumblr, IG, or her “website”.
@ OutsidetheBox: Maybe it’s just me. I can’t see Beyonce “cultivating” anything besides her lacefront wig collection.
@cuba its possible that she suspected this but did not take the test bcuz she didnt want it to be confirmed. She mighta had a little hope that she wouldn’t have to face reality
aint nobody says:
@sandra the person he is with is the person he contracted the disease from.
_______________
I got that from what you wrote earlier. It’s sad.
Lololol it aint just you bew.
Lady you crack me up! I’m here for that. 
@ Cubarican: I seem to recall that Medicaid pays for gastric bypass if a doctor deems it medically necessary.
yeah, I try to be there for him but, you know … a hard head makes a soft….
I told him to lea*e that n*gga alone when ol’boy came out of jail talking about who he was with while he was in jail. Now my bro-in-law has HIV. I was like… “told YOU SO!!” Now, gimme a hug and lets fight this thing….
Is the lacefront quip ever stale?? No,
cause black guhls can’t grow long hair amiright 
@sandra: I didn’t know that. I would hope that would only be after nothing else works!
Medicaid is going to one size fits all payments in Florida. Not quite sure what that entails tho.
Sandra please don’t get me on all the crazy ish my tax dollars are paying for right now.
If this heffa got gastric bypass to try to get a blood transfusion to “clean her monsta blood” (myth) with my tax dollas.. it is going to be a PROBLEM!
Welp, I gotta throw papers all over my desk to make it look like I did work today… and I’m out of here.
Crown. Royal. Black. here I come!
Ciao all.
Least she didn’t rape a virgin (some country in Africa) or murder albinos for blood.
Let me have more empathy. Lady, denial never stopped anyone from facing the music, just prolongs the inevitable. Now you know, now you can use this to effect change in the lives of others….ah fugg it, I doubt this lady gives a damn about my empathy anyway. praying she didn’t infect any others.
Ciao RIF
@ Shaun..You still here?
ReadingIsFundamental says:
Welp, I gotta throw papers all over my desk to make it look like I did work today… and I’m out of here.
_________________
Ciao bella
Kinda. I’m home KITA.
I was asking if you had been on wilson’s leather website. today only, 20% off and free shipping.
@ free shipping
Oh. Wow. BUT you yahooing. Least you in good spirits? Lots of silver linings taday.
She is actually lucky to get a doctor like House that was diligent in getting to the bottom of her health problems. He ran every test on her bloodwork because she was ill not because he was invasive I have pernicious anemia which for me it’s an autoimmune disease (my body’s antibodies destroyed my digestive intrinsic factor protein) for some it’s caused by cosmetic gastric bypass. My red blood cell count is low requiring transfusion and bi-weekly B12 injections. If her white blood cell count was low, her body was under attack. White blood cells are the virus fighters- if they are fighting a virus they multiply. If they are low, they are “being” attacked by a killer virus like HIV. It took my Emory educated Indian Gastroenterologist, Asian Neurologist and African Cardiologist 3 years to diagnose me because they didn’t run a simple blood tests and it damn near killed me but forever maimed me. My court date is tomorrow, and yes I’m suing for malpractice not because my feeling were hurt, but because I have a case.
Goodnight everyone
I meant Yahoo for you. I’m tired as hell Friend.
I’m happy she’s in better spirits though.
I saw that question! I hadn’t seen it. I’m broke but imma window shop! Whatd you get/see?!
My neighbor had gastric bypass surgery a few weeks ago and I swear they made her take a few tests and the H.I.V. test was definitely one of them! So somebody is lying or not telling the whole story! Even if you get plastic surgery, they have to do one of those test! Girl bye! #fail
sorry to hear that Crickett.
I saw cute faux leather jackets in colors for 60.00 with tax and everything. I’m trying to work one into my life.
#BrokeToo
Crickett thanks for sharing.
Stupid phone! Crickett I wish you good health and swift justice!
GN Aint nobody
Well in that case friend we ball
Thanks
That is correct before the surgery is done ( a few weeks before) they take all types of blood test on you to make sure all your levels are good beforehand.
Isn”t that the purpose of informing you…so you can protect others from you…I don’t get it…lol…maybe if I read the post I might get a better understanding instead of just reading the headline…but
(smh, anyway)
Good Morning Atypical and Afiya! I agree, I think she knew. It’s sad that she may win this case (I think it’s a legal requirement for the doc to get signed consent before testing for HIV) I know my Dr. makes me sign a consent form before I get tested.
Afiya says:
maybe if I read the post I might get a better understanding instead of just reading the headline…
__________________
Sandra starting early this morning
she gon get yall for not reading her posts…
It’s
as hell on the EC…
Good morning Sandra!
Good Morning Roses!
I heard about this some time ago. She knew she had it she was just embarrassed about it and when the opportunity came for her to act a fool she grabbed it. She should really be concerned about other things than trying to get money out of this man. It wasn’t like it was malpractice.
Hey Razzle
Shakira had her baby
Makes me almost want one…
Morning all
The judge will most definitely be giving this lady the
stank face
Hey auntie, thank u for posting the catfish episode. That episode was a complete ball of confusion. I mean that thing went all the way left, came back went round the block two times…. Then went all the way to the left again. I had a headache when it went off
Hey Future
Bootcamp
Well, I finally read the post uptop, ‘ol girl may have a case due to that chart being left open for others to read…
that HIPPA ain’t no joke…
@ Cricket, that’s deep. Good luck with your case.
talkingwithtami says:
My neighbor had gastric bypass surgery a few weeks ago and I swear they made her take a few tests and the H.I.V. test was definitely one of them!
______________
That’s why I think she denied the test when they asked her before the surgery. She knew. She didn’t want confirmation.
@ Bootcampgirl: I don’t think her chart was left open for everyone to see. If you work at a doctor’s office, clinic, etc., you are knowledgeable about the patients. The doctor is not the only one who knows about a patient’s HIV results in the office.
FuturedocDonte says:
Hey auntie, thank u for posting the catfish episode.
_______________
You’re welcome hun.
@Sandra, I get that, but I still think she has a case for HIPPA violation, I deal with inmates and I do not know their status at all. If one of these nurses happen to leave a chart open from a person we both deal with, that nurse would def. be in trouble…
This chic is crazy and dont have a CASE! I am willing to bet that she knew her status and was in denial then and still in denial now. When i counsel patients prior to getting testing and after they are fully aware and understanding of the whats and the why’s of the test results.
the white count was a red flag which i am sure her pre-op labs aswell as other doctors probably was aware of it. second, who goes to the lab to have blood drawn without a lab slip? last i saw each lab slip from Quest-Lab corp has its own required signautre before it is drawn. The next thing she is going to say is that the lab was in cohoots with the doctor. Also as a lab technician each tube of blood has a special top for test indicated to draw.
The only thing i can say for the Doctor is that he better have a consent on file to show that this patient consented. paper chart or electronic.
If an office like the mentioned Doctor is going to use a outside lab for testing and if there wasnt a signature on the lab slip the outside lab is not going to run the test without a signature and will toss the specimen out.
I am scratching my head wondering why a doctor would operate on her without full knowledge of her illnesses. I mean, they test you the day of to see if you have nicotine in your body. If you do, they will send you back home and you will have to be smoke-free for 6 months. This young lady who was in the same class as me had her surgery post-poned three times because she did not give up the cigs. She kept blaming the doctors but I am like, “You can’t let that go for six months so you can have the surgery?”
This turd in the story is just a doofus. I had no problems when I was asked to take the necessary tests. The only thing that post-poned my surgery was my lack of Vitamin D and I had to lose 23 pounds. I lost 17 and the doctor did go ahead with the surger). My thing is, what if they were not able to do the surgery laproscopally (sp?) and had to cut this pig open? That would have put even more people at greater risk. This story make me very angry!
This seems like she knew she had that sh!t or she knew it was a good chance she had itand just wanted to remain in denial for the longest about it.
HIV testing is not part of the pre-op labs work up. if a Doctor gets stuck during the surgical procedure with a instrument (which sometimes happends) the Doctor has to have the patient tested for HIV which she has to consent and can refuse. I treat everyone i draw blood on whether they are positive or negative as positive. less mistakes happens with getting to comfortable not wearing gloves which sometimes techs do.