Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
Chicago Tribune (CT) - THURSDAY, April 11, 1996 Edition: NORTH SPORTS FINAL Section: METRO CHICAGO Page: 7 Word Count: 325
Matt O'Connor, Tribune Staff Writer.
The suit, filed this week in federal court in Chicago by the American Civil Liberties Union of Illinois, alleges the man's Bloomingdale doctor and Alexian Brothers Medical Center in Elk Grove Village violated federal and state law by not obtaining his permission for the blood test.
The ACLU didn't identify the plaintiff, using a pseudonym in court papers "to protect the patient from further discrimination."
Roger Leishman, the ACLU's director of the AIDS and Civil Liberties Project, offered few details about what might have led Dr. Joseph A. Lagattuta and the hospital to test John Doe for HIV, calling it irrelevant.
Terri Kinney, a spokeswoman for Alexian Brothers, said the hospital is reviewing the case and wouldn't comment immediately. Neither Lagattuta nor his lawyer returned telephone calls.
According to Leishman, Doe had an infection that didn't improve with medication, prompting his hospitalization for minor surgery to remove an abscess. He spent one night in Alexian Brothers in March 1995.
After receiving the hospital bill, Doe had to anxiously wait for hours before learning the result of the unauthorized test, the suit charges.
Leishman wouldn't reveal the results of the test.
"This continues to be an increasing concern for people," Leishman said, citing a large number of calls to the AIDS project concerning involuntary HIV testing and unauthorized disclosure of the results. "This is something that could happen to anybody."
The Illinois AIDS Confidentiality Act requires not only Doe's consent but also an offer of counseling, according to Leishman, who expressed the hope that one result of the suit will be that all hospitals and other medical providers will institute written procedures to guarantee that consent is obtained before HIV testing.
The suit doesn't specify monetary damages.
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