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ORIGINAL: tazzygirl

Im going to interject something here, from personal experience. A patient I took care of was a young female, with a 5 year old son. Aids. Her husband denied the physicians the ability to tell his wife. Upon his death, she discovered why he died and she and the son were tested. Mom was positive, son was negative.

A quick check of PA laws. I couldnt find a statute requiring the informing of a spouse. Law officials, yes, spouse, no. 13 years ago, that may not have been a requirement anyways. Im not saying mom doesnt have it. Im simply saying the way she contracted it may not have been of her own doing...

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I was curious about this as well. Could it be her health is failing? Not enough is known at this point.

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Again, we are assuming that her status is of her own making. Is it probable? yes. Is it possible she contracted it through someone else and she didnt know? yes.

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ORIGINAL: tazzygirl

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Children can be (and often are) violent little monsters who gang up on one another for a wide variety of reasons, sometimes simply because they're bored. i'm talking about normal children here - kids with mental or learning disabilities are probably even worse off in terms of emotional maturity. Bullying and fighting will always take place no matter how many precautions you take, and if it results in the HIV kid's bloody nose, there's a very serious risk of contagion.

Instead of excusing the bullies and preventing a child from attending because of bullying, they should get rid of the bullies.

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It still all boils down to the reality that she is really asking for major accomodations from the school, and from what I was able to read, major accomodations fall outside what the law demands.  Even as a nurse, when your kids were small, if they had friends over and one of them scraped their knee, did you double glove before cleaning the child's knee?  Probably not.  Caregivers for children outside of a medical setting don't always rush to use that kind of protection.  Not telling the staff puts them at risk, puts the school at risk for lawsuit and really makes it difficult for that child.  As a person living with HIV, that child, I'm sure has been "schooled" by his doctors that in a medical emergency, he needs to tell the people administering to him that he is HIV positive.  That wouldn't change for the school.  So imagine the shock and anger that would arise from not having been given advance notice.

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As for the story above, while your search didn't turn up anything, I'm pretty sure that there is a federal regulation that would allow the physician to tell her. Especially when you consider that he can be charged with attempted murder for infecting her.

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ORIGINAL: tazzygirl


Being 6'2 would not prevent you from being a jockey. Your weight would.

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ORIGINAL: tazzygirl

Explain to me how those modifications cannot be changed. 12 kids in the same house. Your point? There was 5 of us, and whatever friends we dragged in with us. We didnt all sleep in the same room.. or the same bed.

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No one is saying that the bullies should be excused.  But often, no one knows about the bullying until after the fact.  In this case, that is a little late, and opens up that boy and his family to prosecution.

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It's really simple tazzy.  The family isn't allowing the 12 kids in the house or the caregivers to know the kid is HIV positive.  Therefore, the family is preventing any reasonable accomodation.

When there were 5 of you, if one of you came down with Scarlet Fever, your parents would have let you all know what was going on and let you know the necessary precautions to take.

Not the case here.

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ORIGINAL: tazzygirl

So now we come to the crux of the matter. Money. Its always about money. Which is why the school asked the courts to have their decision reviewed. Either way, this is going to cost the school money.

It has nothing to do with the kids HIV status. Which is illegal to discriminate against the kid for that status.

This has to do with money.

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Actually it has to do with both.  Discrimination is valid if the accomodations necessary "cannot be eliminated or reduced to an acceptable level by reasonable modifications."  Without wanting to permit notification, the risk can not be reduced to an acceptable level by reasonable modifications.  So that covers the boy's HIV status.

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ORIGINAL: Moonhead

You don't feel that there being consequences of some little shit using another child as a punchbag is a good thing, then?
It's about the only case i can think of where some kid who gets their teeth loosened in school might stick the little shit practising his nineteenth century dentistry with some comeback. maybe we need a lot more kids with HIV in the school system...

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ORIGINAL: tazzygirl

But HIPPA law still makes it nearly impossible for a Dr to tell a spouse, depending on the state, unless the patient refuses to pratice safe sex.

For example...

4) If I test HIV positive, does my doctor have to tell my spouse or sexual partner?

No. The only sexual partner your doctor is allowed to tell is your legal husband or wife. Even then, the doctor must first give you a chance to tell your husband or wife yourself. If you don't tell your husband or wife, then your doctor can tell them. But even then, he is not required to tell them. If you are afraid you will be hurt or homeless if your husband or wife finds out you are HIV+, be sure to tell your doctor. The law does not allow your doctor to inform any sexual partner except your legal spouse.

This is Illinois law.

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Unless its the infected student doing the punching, I dont see how its his liability. How many others are infected every year and do not find out until years down the road?

I will concede that if the parent denies that information to be shared, then it is her responsibility, in my opinion.

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While you may not see how it could become their liability, the law isn't so clear on the matter.  Even if the family or school would prevail in a civil suit, they would still have to go through the expense of proving their case.  The reality is that while most people would certainly empathize that the HIV student was bullied, the school's failure to let people know and the mother's culpability in that act make it highly likely that the school and the mother would lose.