posted
My boyfriend works as a care provider to mentally handicapped adults who are relatively high functioning but not really independent. This last week, he was upstairs in one of their apartments, changing a light bulb. The apartment belonged to a man who is known for his instability and bursts of temper, but who really likes Jake. However, this time he had a new person, a woman who he was training, with him. Apparently, this man really didn’t like that, and he went ballistic. He was charging at them, screaming and flailing. Jake got the woman behind him and did his best to block the blows of the man while trying to maneuver out of the apartment. They don’t have the right at this place to do full restraints, regardless of the provocation, so all he could do was hold his arms in front of his face and back away. They were almost at the door when this man spit at Jake and got him right in the eye. They got out shortly after, and just shut the door, letting the man calm down on his own.
This wouldn’t be that big a deal, except for the fact that the man has Hepatitis C. Jake had to go to the hospital and get tested the next day, and we won’t actually know anything for certain for 6 months. This is really scary. The doctors said that the likelihood was very slim that he got anything just from spit in the eye, but they cant be certain. And, they want to vaccinate him for Hepatitis B. So, here is where my questions come in. 1: Is a Hepatitis vaccination a good idea? All the research I’ve done recommends it mostly to those in the medical field or in occupations where they are regularly exposed to human blood. Normally, this isn’t an issue where Jake works, and we both hate to get a vaccination that isn’t necessary.
2: The doctor also recommended that the man who did this be brought in and tested for Hepatitis B. It’s been awhile since he was last tested, and they are not sure of his recent sexual history. However, Jakes manager has told him that they will recommend that this man not go in and get tested if he seems in the least bit uncomfortable with the idea. This makes me furious. They are responsible for the well being of their employees as well as their clients, and it sounds like they are hoping to keep this very low key. Can he force them to get this client tested? If not for him, then for the safety and well being of all the other people who work with him on a regular basis? Isn’t this necessary information to have?
Posts: 499 | Registered: Mar 2004
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posted
Hepatitis B vaccinations are now part of the standard vaccination series for children. The virus is something like 200X as infectious as HIV. Hep B is one of the major causes of liver problems worldwide -- and in the US by itself, too. I think it is a vaccination that anyone who works with others where there is exposure to bodily fluids of any sort should be vaccinated.
As to whether they can compel their client to be tested, I am not sure. I have never been in a situation where a facility would not insist, as this can only give them additional legal protection. That sounds to me more like one person's wishy-washiness than a standard policy.
I look forward to seeing what our legaicos have to say.
Posts: 123 | Registered: Apr 2005
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I would go talk to a lawyer. There might be a way to force the test if knowing now would allow better treatment for your boyfriend now, but we're talking a very tricky intersection of tort law, privacy rights, and HIPAA. I have no clue what the result would be.
I know hospitals used to (back in '89 or so) be able to force patient testing in the event of a needle stick. I have no clue if that's still the case. But the situation seems parallel.
Make sure the retainer agreement with the lawyer is specific to getting your boyfriend's health protected. I'm assuming he doesn't want to sue for anything but having his treatment covered. You don't want him to be on the hook for contingency fees for worker's comp payments.
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Thanks CT and Dag. I'm not sure what the official standard policy is, but this company is NOTORIOUS for cutting corners and covering their a** at the expense of their employees. My boyfriend has been accused of lying twice, by the same manager, about serious things so that she wouldnt look bad. This manager is new, and was telling Jake what she had been told to say. I can very easily see this company being so short sighted as to think that if they sweep it all under the rug now, nothing will come of it later.
I have often bemoaned the fact that they are allowed to have responsiblity for people who cant take care of themselves. The only saving grace they have is a small nucleous of good people who have stayed on for years because they love the clients. As far as forcing this man to get tested, I dont know how I feel about that. My immediate reaction is that it is necessary for the health and safety of someone I love. However, I can respect the fact that this man has the right to choose his own medical treatment. He is an adult. But it sounds to me that they are actually going to try and discourage him from getting the test so that they dont have to deal with the ramifications. That makes me furious.
Posts: 499 | Registered: Mar 2004
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CT, is that needle-stick policy still in place at some or all hospitals? I only know about it from my sister the nurse, and I know privacy rules have changed since then.
Posts: 26071 | Registered: Oct 2003
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Does you boyfriend really need this job? If he's got other options, my suggestion is to go to his manager and demand that the man be tested. If they say no, or waffle in any way, he should take sick leave and go straight to the local and State Department of Health with a complaint. I assume that this facility must be inspected in order to retain its license. Inspections following serious complaints are likely to be done in a more thorough manner, shall we say...
If the place really is run as badly as you are implying, perhaps they ought to be shut down anyway.
Sadly, the real losers in these situations are the clients.
Posts: 22497 | Registered: Sep 2000
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