Date: Fri, 6 Oct 1995 18:52:34 -0400 From: didom@usa1.com (Claude DiDomenica) Subject: Legal advice for a cool CAT friend... URGENT!!! Your IMMEDIATE help is needed!!! "Dr Rick" is one of CAT's shining stars... He is our volunteer physician... He hosts our AIDS Web page and is a technical advisor for our video projects... I just got off the phone with him and he told me of a HUGE injustice he has suffered. If you know of any GLBT/straight legal folks who might want to help our dear friend, PLEASE forward this info to them IMMEDIATELY!!! Also, please send words of encouragement to Dr Rick Take care, Claude Below is the sad story he just E-mailed to me... The obligatory disclaimer: Neither myself or Children's Animated Television are responsible for the information and opinions expressed below... = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Today, October 2, 1995, was a scary day for me. I found out that I have less rights, due to my HIV positive status. Let me explain: In July 1989, I was working as an attending physician in a Level II trauma center. As I was working on a patient, I poked my finger on a needle contaminated with blood. This patient was infected with HIV-1 from blood transfusions administered in the course of open heart surgery in the early 1980's. I DID NOT know then, but I WAS inoculated with the HIV-1 virus. Due to this high risk exposure, I tried to protect my health interests. I completed the appropriate paperwork and tried to stay abreast of the patient's ongoing medical condition. Even then, my investigation into the patient's condition was prohibited and I sensed a cover-up in the making by my employer. Somehow, the paperwork I filled out about my exposure had been "lost" and can not be found to this day... I had my seroconversion rash (first sign of HIV infection) on Labor Day, 1989. Due to some other health problems, I chose not to get tested for HIV infection until April Fool's Day in 1990. With no amazement to anyone, I tested positive. One of my first concerns was about the ethics of working in a medical setting, and the risk of transmission of the disease to my patients. There were exhaustive discussions with my doctor, my lawyer and my information specialist for the Medical Librarians group. The consensus opinion was that there was NOT significant risk of transmission. I gladly continued my work as a physician. If you remember, there have only been 7 cases of proven transmission of HIV-1 from a doctor to the patient. In September of 1990, Ms. Bergalis began her crusade to inform the public about her exposure. She became infected from her dentist in Stuart, FL. The furor of this information ate at my very soul. Two weeks after the CDC went public with their recommendations for handling HIV infected health-care workers, I told my employers about my HIV-positive status. I had worked at this hospital for over four years. I loved my job! Since then, a series of inept acts have brought me to where I am today. When my employer received the news about my HIV positive status, NO panel of my peers was convened and NO experts were consulted. Instead, I was fired from my job, on the spot. I was counseled to apply for a disability pension from a policy supplied by my employer. Despite my concerns that the policy was less than 2 years old, I was pressured into completing the application, or risk losing my severance pay. It took the insurance company precious little time to cancel my policy. I lost the job that I loved. I was left jobless and penniless, and forced to sell valuables from a collection I had since age 12 just to put food on my table. Bankruptcy ensued and I lost my home, my car and most of my personal belongings, including many things of sentimental value. As a result, I had to file a lawsuit against my employer to try to get my job back, or to least find comparable work. I still do not understand why all this was happening to me. There had been NO documented cases of transmission of the HIV virus from a health care worker to a patient since 1989 (not since the case of Dr. Acer, the dentist in Stuart, Florida who infected 7 patients). The American Medical Association, the American College of Emergency Physicians and the CDC have ALL come forward and said that HIV infection alone is NOT a criteria to limit or void the practice of HIV positive emergency room physicians. There are a number of cases which seem to suggest that, at the very least, the employer has a duty to the employee to present the case to a panel of doctors to try and find some type of comparable, alternative employment for the HIV positive health care worker. Today I received the verdict of my law suit. According to the "considered" opinion of the court, our position was indefensible. The court decided, in fact, it was (and, I assume, IS) legal to dismiss me from ANY job in the field of health care. I did not have the opportunity to present my case before a jury. I believe I have the right and the duty to help save lives with my skills. So, today is a scary day for me. I'm scared because I'm a 43 year old gay man, who has only wanted one thing since he was 12 years old: to practice medicine. I spent all high school preparing for pre-med, all pre-med preparing for medical school, all medical school preparing for my residency. I trained hard as a resident, sometimes 110 and 120 hours a week! I worked eight long years honing my skills in emergency medicine, until finally I was awarded the title: Fellow, American College of Emergency Physicians. I have practiced for 25 years in the direct care of patients without ever being named in a malpractice action. Without medicine to fall back on, I guess I could wait on tables or something of the sort. It seems really inconceivable to me... I feel that not only will I lose out on this deal, but all my potential patients will also lose out. I am a better than average practitioner... much better! I love my job of trying to save lives. I guess I really do not understand the issues as well as the judge. I just see this as being contrary to all the aspects of the "community of scholars" we supposedly reside in. I'm here to serve, but I'm a bit confused right now... confused and scared. Love, Dr Rick rosti@aol.com PS: Here is a summary of the law suit. It was settled in favor of the defendants (my former employer) DESPITE: 1. The position of the AMA, American College of Emergency Physicians and the CDC that there is NO risk in the practice of emergency medicine in terms of transmission of the HIV virus to the patients. 2. The fact that in EVERY other case on record, the plaintiff (the HIV positive health care worker) had: a) been given a HEARING in front of a panel convened of medical peers b) was offered SOME other position in lieu of their chosen field c) was practicing in an environment where there WAS an identified risk (i.e. - orthopaedics, neurosurgery) 3. The fact that it took the judge 10 minutes to rule. I now have plans to mount a campaign to discredit my ex-"colleagues" in the profession for their dastardly deeds. I just wanted to tell people about my case. I don't want others to suffer through this as I have. All I want is to work in the medical field to keep up my doctor skills. I have never had my day in court, have never had a chance to defend myself, and have never had my voice heard by the court. The American Disabilities Act has law relating to HIV positive health workers. Perhaps someone could help me with this avenue??? # # # ==================================================================== Children's Animated Television CAT a 501-C-3 non-profit organization Claude DiDomenica * didom@usa1.com * President of CAT Web Homepage http://www1.usa1.com/~furball/ Top 5% of ALL Web Sites! Providing hope and information for "The Family of the Future" ====================================================================