Are You Positive?

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Are You Positive? Page 51

by Stephen Davis


  ~As a result of having this information withheld from me prior to agreeing to take an HIV Antibody test/HIV viral load test/CD4 cell count, or taking the HIV drugs that I was prescribed, I was unable to give my informed consent and have suffered emotional and psychological trauma, family stress, and social rejection as a result of my doctor’s unsubstantiated HIV-Positive diagnosis and treatment.

  If one or more of these statements is true for you, you may have grounds to file an official complaint about your doctor, clinic, or hospital for violation of your right to Informed Consent. These complaints are filed with your state’s appropriate medical review boards, who must investigate your complaint and hold a hearing for the accused doctor, clinic, or hospital.

  Doctors, in particular, are terrified of their medical review boards, because these boards have the right to discipline these doctors up to and including taking away their license to practice medicine in that state.

  Please understand that this is not some personal vendetta on my part toward the medical profession. I would not be alive today, or walking, had not a highly qualified surgeon fixed my broken neck.

  I am also not accusing any doctor or clinic or hospital of intentionally deceiving you about these HIV tests or the HIV drugs. I’m convinced that most doctors don’t have a clue what these tests do or don’t do, have never seen the printed inserts that come with the tests, and believe what they have been told by the pharmaceutical companies about the HIV drugs.

  However, as Dr. Richardson said in this book, ignorance is no excuse. Your doctor, clinic, or hospital has an obligation to confirm the information they are given before treating you for any disease or performing any procedure. They also have an obligation to inform you about what they know and receive your informed consent prior to proceeding.

  It is not enough any more for doctors to simply make a proclamation and expect you to follow their orders. It is also not enough any more for you not to question the medical profession or require them to live up to the standards set by Informed Consent laws.

  While filing a complaint against your doctor or clinic or hospital will not change the results of your own HIV test, it may make you feel better; and it can definitely help those who come after you. If we can at least get all the doctors in the world telling their patients the truth about the HIV tests and HIV drugs before anything happens, we will probably have a lot more people saying, “No, Thank you.”

  If one or more of the statements above is true for you, please file a complaint with your state’s medical regulatory agency, whatever it may be called in your state. (In Arizona it’s simply called the Arizona Medical Board. In California it’s the Medical Board of California. In New York it’s the New York State Department of Health, Office of Professional Medical Conduct.) Give them a call and ask for the procedure to file an Informed Consent Complaint against one of their doctors or clinics or hospitals. If you need help finding the right agency to call, call the Attorney General or top legal office for your state government and ask them.

  You may also have a legal case against your doctor, clinic, or hospital. However, lawyers cost money and trials take a lot of time and energy. Filing a complaint with your state’s medical board is free, and takes very little time or effort. You don’t even have to appear at the hearing.

  If you would like help in filing an official complaint against your doctor, clinic, or hospital, please go to AreYouPositive.org and click on the link that says, “For Help in Filing An Official Complaint,” and follow the instructions.

 

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