Doctor Sued for Performing HIV Test Without Consent

A woman who tested HIV-positive has filed suit against her New York doctor for allegedly performing the test without her consent.

The suit was filed by an unidentified woman against Dr. Pavel Yutsis, who she claims tested her for human immunodeficiency virus without obtaining her written consent beforehand. The woman also alleges that Yutsis failed to provide counseling after giving her the results of the test.

According to court documents, the 31-year-old woman was referred to Yutsis’ clinic in 2011 after suffering from a Vitamin B12 deficiency following gastric-bypass surgery. Yutsis informed her that, due to her low levels of B12 and white blood cells, he wanted to test her for HIV, the virus that causes AIDS.

The woman told Yutsis that she did not want an HIV test. At a later visit to the clinic, she was told that she needed to give “more blood for testing,” but was not told that her blood would be tested for HIV.

When the woman returned to the clinic for B12 treatment just a few weeks later, Yutsis informed her that she had tested positive for HIV.

The woman is suing for an undisclosed amount.

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Written by Inkelaar Law