penalties(compensations) for transmissing STD

[Volodymyr]

  Can a fertility centre(clinic) be sued for not informing one of the parties about STD diseases carried by the second party? Could the fertility centre compensate for negligence of informing about STD?

I was diagnosed with CMV(IgM positive), whereas two months ago CMV-IgG and CMV-IgM were negative.
HSV-1 and HSV-2 will be done soon; two months ago both were negative.

My partner was diagnosed possitive to CMV before the procedure started.
(I do not know about her HSV-1/2 yet).
Her tests were done 8 months before procedure; a doctor did not request her to repeat tests.

According to FDA, both parties should be tested on:
HIV-1,2; HTLV-1,2; VDRL; HBs Ag; Anti HCV; Anti HBc; RPR Macro-Value; TP-PA; and CMV IgG, and CMV IgM.

Are any laws applicable to the fertily clinics about informing patients about diseases of the second party?
Are any criminal laws associated with the clinic not informing about transmittion of STD by the second party?

(Could you,please, respond not only to web-page but also to email?)

[auntiejessi]

Yes, it can be, since all of them have different time frames.  Just remember that the chances she has anything serious are very slim.  

Aj

[Volodymyr]

It is very complicated to wait for the appropriate period of time.

[auntiejessi]

Well, I doubt you'll be able to find anyone who will test you for HTLV.  Its just not something you have to worry about.  Here is an article on it - http://en.wikipedia.org/wiki/Human_T-lymphotropic_virus

There is no infection std that you could have and have antibodies too low to detect.  If antibodies aren't detected, then you don't have that infection, as long as the appropriate time periods have passed.

I understand the fear, but don't let that and anger become paralyzing.

Aj

[Volodymyr]

HTLV is rare; however, someone have it; therefore, there are some chances to get it.

She refused to be tested now; she would do it maybe in March or February.

I was tested after that for some but not all diseases(twice).
It is possible that anti-bodies level were low to be detected.
I was checked 5 times for physical apearences of diseases(so far --none).

After phsychological effect(fear), my roll is a donor.
There were several cases of intercourse with her(physiological not really relationship).

I do not want to get anything.

I like her, but phsychological effect has its effect.

[auntiejessi]

HTLV is exceedingly rare.  

Why don't you just ask her to test?  You are letting your fear make you crazy and in reality, there is no person that has every single std possible.

I'm confused about your relationship with her.  Have you had a relationship with her?  You are vague about that.

Aj

[Volodymyr]

The clinics should follow the law to check patients files --not only collecting but also checking.

[Volodymyr]

I was tested in Canada at another fertility centre(there are some additional tests compare to the USA).
She took prescription from a doctor to do tests at a standard hospital.
The same as the USA, in Canada, doctors do not prescribe everything when it requested.
Therefore, some of her tests are missing: CMV(not checked on regular bases), HTLV(rear but deadfull), HepA, HSV(was not done)... Interesting, she did tests 8 months before procedure.
However, clinics are not allowed to start cycles without having all tests, which must be done no more than 60 days before procedure.

Now, I do worry about HTLV(she has never done it), HIV, series of hepatitis, and HSV and CMV; I worry a lot about HTLV.

She was involved in several intercourses in her life with other men;she had intercourse with a man after been tested; therefore, chances are small not to have HSV-1, HSV-2, and CMV. I hope I did not catch more interesting diseases.

[auntiejessi]

Well, I'm not terribly familiar with TORCH tests, but my understanding is that they are done only on pregnant women and newborns.  

Were you tested by the fertility clinic or did you go on your own to test?

Aj

[Volodymyr]

She did not do seperate tests except rubella.

[auntiejessi]

Well, chances are, this woman doesn't have everything.

So you don't know if she has CMV or herpes?  You need to find that out before you sue this fertility clinic.  There are also better tests than the TORCH test, so maybe she had individual tests and not the TORCH.

And I don't know all the laws about testing patients at fertility clinics.  

[Volodymyr]

I talk to that woman. She did not do TORCHe test, so she does not know about her CMV and HSV-1/2. She did not do HTLV, HepA, and HepC tests.
Without knowing results of these tests, the clinic started procedure.
Why does the clinic violate federal law?

Under this circumstances, I start to worry about much more serious issues than HSV and CMV. Now, I am afraid of the worst scenario.

[auntiejessi]

Most uncertain, or equivocal tests prove to be negative, so while nothing is definite yet, chances are you don't have herpes.

Have you talked to this woman about herpes?  If she tests, and is negative, that will put this to rest before you even have to wait for the WB.

And yes, there is a big difference between lab tests proving someone is infection free, and "I don't think I have anything."  Testing is very important.

Just don't get too set in thinking you have herpes - chances are good that you don't.

Aj

[Volodymyr]

   I do not know which type of hepres HSV-1 or HSV-2.
I do not have physical apperence yet.
My test was not Western Blot, so I could not tell on this stage.
Anti-body(imunnoglobulines) were tested.
According to the test result, immunoglobulins are within uncertainty limit, so based on that test it is impossible to tell do have herpes or not.

I will do Western Blot PCR test  in two-three months; that test will prove or disprove what I have gotten.

Thanks that I did not catch any serious diseases from that woman.

I took a lesson from my case:

Never believe to anybody until official prove is available.

There is a big difference ''I have been tested and my bill is clean" and "I believe I do not have anything".

I hope I do everything I could to prevent my children(either from that woman or other women) from being infected by HSV and CMV and others.

[auntiejessi]

What are your exact herpes test results?  I'm not saying you don't have herpes, but I am constantly amazed at how many doctors don't know how to read the tests, or they say "you have herpes" when you've only tested positive for type 1, and that's statistically oral.

If you can get the exact results, I can help you figure this out.

Aj

[Volodymyr]

Thank you for your prompt attention to this matter.

My HSV test is also positive, unfortunately.

Could you, please, send the result of Herpes Simplex court case when it be available?

Despite of any situations, I will sue that centre.

[Dallasfan]

Ok ., I am signing back in to specifically answer to the best of my ability your original questions. !.Are there any laws applicable to the fertility clinics about informing patients about diseases of the second party.? ..In the US there is the HIPPA (Health Information Patient Protection Act ) it governs the confidentuality of patient health information in certain ways.. information about reportable diseases does not fall under this act. I don`t believe any other country has enacted similar laws. To answer ytour second question, the reportable infections  would need to be reported to a local health department in the US. These requirements , if not followed, carry a small civil penilty not a criminal one. There is a case in the courts involving the failure ogf one partner not reporting a Herpes infection to his partner. The results of this are still pending.

[Dallasfan]

Let me restate that CMV is not an STD. I am sorry you are still misinformed. I will sign off this thread for now. Take care.

[auntiejessi]

OK well, what I'm saying is that there is no protocol for reporting CMV, and therefore no rules with partner notification.  With so many testing positive for it, there's not a big need to do so, and its only really a medical issue if you are immunocompromised.

Aj

[Volodymyr]

  I was involved in some actions with that woman after not before procedure.

    IFV was performed in the USA.

[Volodymyr]

CMV is not included in STD-tests in Canada.

TORCHES test(includes CMV) is free for pregnant women in Canada.

[auntiejessi]

I think you need to find out what consent forms you signed, and what releases were included.

If you got CMV from a female partner, assuming you are male, you got this sexually.  This wouldn't have happened at a fertility clinic, if you are male, because nothing is being put in you.

This means that if you got it from this woman, you would have gotten it regardless of your work with the fertility clinic.

Each state, and each country have their own laws regarding notification of certain communicable diseases.  I googled several states, and the CDC, and in the US, I don't think CMV is reportable anywhere.  I think you are in Canada, and I couldn't find anything regarding disease reporting on their website.  I found another site that says only one doctor in Canada reports it, but I don't know how accurate that is.

If its not a reportable infection, there are no laws about notification.  I used to work in STD disease tracking, and we don't even track all the stds.  There are just too many, and so many are too hard to track.  Most states will track gonorrhea, syphilis and HIV.  Some track chlamydia.  None track CMV, HPV, herpes, and NGU.  CMV isn't even included in testing in the US when doing std testing, and I'd bet its not in Canada either.

Aj

[Volodymyr]

                 CMV is STD.
(CMV,HSV, HPVs are STDs, according to the law.
However, responsibilities are different from passing HIV or HTLV.)

In a consent from is specifed that under any circumstances parties would be informed.
In addition, according to reproductive law(under federal regulations) parties would be informed.

More for viewers: could you, please, respond with known fact instead your opinions?

[Dallasfan]

OK let me add to this discussion. CMV is not an STD. SImply put, it is a very common virus that is spread by many means, some of them oral. CMV is like mono in its presentation and can affect the liver in its function. Statistically CMV is found in over 90 % of otherwise haelty adults. CMV is routinely tested for in out blood supply as newborns needing transfusions need CMV-free blood. CMV in adults is not life threatening. You can sue if you have the finacial ability to hire a lawyer, but I doubt that one would take your case.  By law certain STDs have to be reported to the Health Department and then all contacts are contacted. CMV is not one of them.

[auntiejessi]

OK I see the difference, but you have some choices here.  You can remain angry, or you can just move on from it.  You are obviously in some kind of relationship with this woman, so is the CMV bigger than the relationship, or not?  

Its entirely up to you.  You can let the stigma of an std bug the hell out of you, or you can realize it means nothing that it was sexually transmitted, and move on.

Aj