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MY PHYSICIAN TESTED ME...I NEVER KNEW AND SURELY NEVER SIGNED THE FORM GIVING CONSENT!
Dec 29, 2007

With few exceptions (HOWEVER,I DON'T MEET ANY)Oregon statute requires that informed consent be obtained prior to submitting a persons blood for HIV testing. I can understand my physicians desire to find the root cause for my recent illness, BUT to overtly violate my legal patient rights and make my decisions for me and test me without my knowledge or consent how dare he??? My first CBC numbers in the WBC area were very low. Therefore, I was called to come back in to have blood work redone. Fine, I complied. I was advised to schedule a follow up visit several days later. Fine, no problem. As I sat nervously waiting in the patient exam (mind racing) my thoughts were interrupted by a knock on the door. Then enters in my doctor, accompanied by a lady (not the medical asst., either but a social worker.) This is when he discloses that he ordered the test and the results came back positive. I asked him, "How is it possible that you tested me w/o my authorization?" All he had for me was, "I'm sorry if I offended you."???? Well, it's time for me to follow up at the Oregon State Bar. Wonder if he tested me anonymously or confidentially? I'm concerned primarily for insurance purposes. Does this sound unethical to you? What do you suggest?

Response from Dr. Holodniy

I will not comment on the legalities of HIV testing. The most important thing now is to determine where you are on the HIV spectrum and decide on whether HIV treatment is indicated or not at this time.



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