Office of the Privacy Commissioner | Case Note 55528 [2003] NZPrivCmr 8 - Patient complains hospital staff member disclosed fact of HIV test to others in waiting room
A man who was HIV-positive complained to the Health and Disability Commissioner that, while attending a hospital's outpatient laboratory for a blood test, the fact that he was having an HIV test was disclosed to others in the waiting room.
When the man came to be tested, he was taken into a cubicle beside the busy waiting room. He said that upon discovering that he needed an HIV test, the phlebotomist called out of the cubicle to another staff member: 'I can't do HIV tests.' The man said the comment was clearly audible to others in the waiting room. He then had to return to the waiting room until the other staff member was free. He found the experience distressing and it made him anxious about future blood tests. While waiting for his test, the man observed a similar exchange with another patient. The Health and Disability Commissioner referred the complaint to me.
Although the hospital disputed some of the man's statements, it accepted that there had been a disclosure. It said it had occurred because the phlebotomist was new to the job.
I advised the man that, where it appears that a settlement might be possible, I may try to settle a complaint (Privacy Act 1993, section 74). I asked the man what he would require to settle the matter. The man indicated he would be satisfied with:
- an apology from staff members concerned;
- a speaker addressing the staff at the phlebotomy service on the need for sensitivity when dealing with HIV-positive people;
- an assurance that the staff of the hospital would be made aware of obligations under the Code of Rights and the Health Information Privacy Code; and
- monetary compensation.
The hospital agreed to the conditions and gave the man an apology, an assurance, and an ex gratia payment of $2000. The hospital also arranged for an external speaker to meet with phlebotomy staff to reinforce the need for sensitivity by staff when dealing with people who are HIV-positive. The man accepted this as settlement of his complaint and I closed my file.
April 2003
Indexing terms: Disclosure of personal information - Health Agency - Fact of HIV test disclosed to others in waiting room - Settlement - Privacy Act 1993, s 74 - Information privacy principle 11