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A gay HIV-positive man says in court that a hospital denied him treatment and visitors, as the doctor remarked, "This is what he gets for going against God's will."

Joao Simoes sued Trinitas Regional Medical Center in Elizabeth, New Jersey, in Union County Superior Court. He says that the hospital admitted him in August 2011, but that "requests for his lifesaving medication were not honored," and his sister was denied visitation rights.

Susan V. Borga, M.D., from the Department of Behavioral Health and Psychiatry, allegedly approached Simoes while he was confined to the hospital's mental health wing. Borga is not named as a defendant.

Simoes says Borga was unfazed when another patient told her that he had just gotten out of prison, where he served time for murder. But her reaction was allegedly different when Simoes said that he did not work because he planned to go back to school and because of his HIV status.

Borga then allegedly asked Simoes how he got HIV, to which he responded, "I got it from unprotected sex."

The complaint then says that "Dr. Borga closed the plaintiff's file, put it down and looked at plaintiff with disgust on her face and asked, coldly, "Is that from sex with men?"

Simoes says he responded affirmatively and that, "immediately after hearing this, Dr. Borga proceeded to exit the room."

After this consultation, no nurse or doctor came to see Simoes, even though he told them that he needed to take his HIV medication, according to the complaint.

When the hospital finally permitted Simoes to call his personal physician on the third day of his stay, he learned that the doctor had already spoken with Borga about Simoes' medication, according to the complaint.

Borga allegedly responded: "You must be gay, too, if you're his doctor."

"Additionally, apparently realizing that plaintiff's doctor had an accent, Dr. Borga exclaimed, 'What, do you need a translator?' to which plaintiff's doctor had again responded that Dr. Borga needed to give plaintiff his HIV medication," the complaint states.

"Dr. Borga responded to plaintiff's doctor by stating, 'This is what he gets for going against God's will,' and hung up the phone on plaintiff's doctor."

Simoes says his sister had been at the hospital when he checked in, but the hospital refused to let her visit.

When the sister came to the hospital again on the day Simoes spoke with his personal physician, she brought her brother's medication.

"Plaintiff witnessed his sister leave his medication with the nurses' station and it was not until this time that the nurses, seeing that the plaintiff had witnessed his sister give his medication to the nurses, that the nurses eventually gave plaintiff his medication," the complaint states.

The hospital's conduct allegedly caused Simoes to miss five doses of his medication.

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"requests for his lifesaving medication were not honored,"

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ORIGINAL: Owner59

And his doctor.........

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Declaration of Geneva of the World Medical Association

(adopted 1948, amended 1966 and 1983):

I solemnly pledge myself to consecrate my life to the service of humanity;
I will give my teachers the respect and gratitude which is their due;
I will practice my profession with conscience and dignity;
The health of my patient will be my first consideration;
I will respect the secrets which are confided in me, even after the patient has died;
I will maintain by all the means in my power, the honor and the noble traditions of the medical profession;
My colleagues will be my brothers;
I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient;
I will maintain the utmost respect for human life from its beginning even under threat and I will not use my medical knowledge contrary to the laws of humanity;
I make these promises solemnly, freely and upon my honor.

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American Medical Association Code of Ethics (post- 1980)

Preamble: The medical profession has long subscribed to a body of ethical statements developed primarily for the benefit of the patient. As a member of this profession, a physician must recognize responsibility not only to patients, but also to society, to other health professionals, and to self. The following Principles adopted by the [AMA] are not laws, but standards of conduct which define the essentials of honorable behavior for the physician. II. A physician shall deal honestly with patients and colleagues, and strive to expose those physicians deficient in character or competence, or who engage in fraud or deception.

III. A physician shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patient.

IV. A physician shall respect the rights of patients, of colleagues, and of other health professionals, and shall safeguard patient confidences within the constraints of the law.

VI. A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical services. VII. A physician shall recognize a responsibility to participate in activities contributing to an improved community.

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ORIGINAL: DarkSteven
That said, something stinks here. If he wanted to fix things, he should have appealed to the hospital's credentialing board. He's asking for punitive damages only, because he cannot quantify actual damages, and the law firm representing him has a website that screams "late night infomercial" to me. http://www.costellomains.com/

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ORIGINAL: subrob1967

Um, if this story is even true, you're talking about the word of one patient, and apparently psychiatric patient to boot. Instead of blowing this story way out of proportion, like the OP has a history of doing, why don't we sit back and wait for the facts to come out, before passing judgement on Dr Borga, and the hospital?

For all we know, the guy could be insane, with no diagnoses of hiv, and suing because he's nuckin futs.