DOCTOR WITH HIV FILES
SUIT OVER JOB
ARKANSAS
CASE, FILED UNDER DISABILITIES ACT, ILLUSTRATES WHY MANY IN
MEDICAL PROFESSION KEEP ILLNESS A SECRET.
By Julie Deardorff
Tribune Staff Writer
January 3, 2000
LITTLE ROCK, Ark.
-- He was a wealthy, popular "pediatrician of the year,"
who loved to throw parties, wear expensive clothes and travel in
elite social circles.
Today, Dr. Thomas
"Terry" Jefferson, 53, is broke, divorced, shunned by
family and friends and unable to work as a pediatrician. He is
HIV-positive.
Jefferson, who was
fired in July 1998 from the children's clinic he co-founded here
more than two decades ago, claims that HIV, the virus that causes
AIDS, is the reason his life has unraveled. He has sued in federal
court alleging that he was fired after the clinic discovered he
was infected with the virus, although he does not have AIDS.
The suit charges
Little Rock Children's Clinic with violating the Americans with
Disabilities Act, which since June 1998 has recognized
HIV-positive people as legally disabled. Jefferson also alleges
that the clinic deliberately allowed his long-term disability
insurance to lapse. He has since been denied new insurance
coverage because of his HIV status.
The clinic has not
specified why Jefferson was fired; under the terms of Jefferson's
employment contract, the clinic has no legal obligation to do so.
"We're not
going to have any comment on the matter," said Russell
Gunter, the attorney representing the clinic.
Dr. Sue Keathley,
the clinic's president, who co-founded the practice with Jefferson
in 1975 after they graduated from the University of Arkansas for
Medical Sciences, declined to be interviewed. The case is expected
to go to trial in May.
Jefferson's
experience illustrates why many HIV-positive doctors and nurses
consider their medical condition intensely private information: No
one wants to end up like Jefferson, who followed safety protocol
for HIV-positive health workers by reporting his condition to the
Arkansas State Medical Board but was fired anyway.
Fearing a ruined
career and potential lawsuits, most HIV-infected physicians go to
great lengths to hide their medical condition, according to a 1996
report. HIV-positive doctors are "going out of state for
medical care and paying for HIV-related blood tests, doctors
visits and prescriptions out of pocket" to avoid detection by
their employers or state medical board, according to
psychotherapist and researcher Michael Shernoff, whose findings
were published in the Journal of International Association of
Physicians in AIDS Care.
Parents have mixed
feelings about taking their children to a doctor who is
HIV-positive. Several mothers who did not want to be identified
said they would not take their child to a doctor who had the
virus, regardless of the situation.
A 42-year-old
former nurse who brought her 14-month-old boy to the Little Rock
clinic said: "I'd think twice if the doctor had HIV and was
performing an invasive procedure. I think a lot of people would be
nervous, but it's just fear of the unknown."
Bobbi Ellis of
North Little Rock, whose 5-year-old daughter Olivia was at the
clinic because of a cold, said she wouldn't mind going to an
HIV-positive doctor as long as precautions were taken. "As
long as he's a good doctor, doing his job and using protection, I
don't see why he shouldn't work."
Employers in
health-care settings "tend to have phobic reactions,"
said Catherine Hanssens, director of the Lambda Legal Defense
& Education Fund's AIDS project in New York. "But there
is nothing out there in state guidelines or Centers for Disease
Control guidelines that suggests a health-care worker is
automatically unsafe purely because they have HIV."
Health-care
workers make up about 5.1 percent of the 427,795 AIDS cases in
which the occupation of the patient is known, according to the
federal Centers for Disease Control. The risk of transmission of
the virus from doctor to patient is infinitesimal, according to
the CDC.
The only
documented case of such a transmission in the U.S. involved David
Acer, a Florida dentist who died of AIDS in 1990. After one of his
patients, Kimberly Bergalis, was diagnosed with AIDS, debates
raged from operating rooms to Congress over what precautions
health-care workers should take.
Since Acer's case,
the CDC have investigated more than 23,000 patients of 63
HIV-infected physicians, surgeons and dentists in the U.S. and no
other instance of transmission has been found.
Health-care
workers have not been subject to mandatory testing, but medical
and dental associations have adopted voluntary guidelines. The CDC
recommends voluntary testing but does not require that
HIV-infected health-care workers be barred from performing
invasive procedures on patients.
Nonetheless,
"people remain somewhat hysterical in some cases," said
Donald Abrams, president of the Gay and Lesbian Medical
Association. "Hepatitis is infinitely more transmissible than
HIV. One needs to trust the epidemiology and realize there aren't
too many situations where health-care workers can infect
patients."
Despite efforts to
educate the public, ignorance about HIV and AIDS transmission has
actually increased in some aspects, according to a national poll
conducted by Gregory Herek, a psychologist at the University of
California-Davis.
Herek, who first
polled people in 1991, found that when he asked the same questions
in 1997, more people believed it was possible to contract AIDS
from using the same drinking glass as an infected person--55
percent in 1997, compared with 48 percent in 1991. A higher
percentage of people also thought AIDS could be contracted from a
public toilet.
"Health-care
workers are justifiably scared they'll lose their jobs," said
Jennifer Middleton, a staff attorney with the American Civil
Liberties Union's HIV and AIDS project. "Courts have upheld
dismissals based on unsupported fears (about AIDS). The law has
not always been favorable to health-care workers."
The
ACLU estimates that less than two dozen discrimination suits have
been filed under the disabilities law by HIV-infected health-care
workers, and many of those cases were decided against the
plaintiff. As a result, AIDS advocates and some legal experts
believe the problem of HIV-related discrimination against
health-care workers is far more widespread than the number of
suits would suggest.
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