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http://ap.lancasteronline.com/4/pa_aids_emt_lawsuit

Philly, AIDS patient settle suit over EMT responders

Published: Nov 13, 2006 7:11 PM EST

PHILADELPHIA (AP) - The city settled a lawsuit Monday that accused Philadelphia officials of failing to comply with an earlier settlement over the treatment of AIDS patients

.

In September 2004, the Justice Department intervened in a lawsuit filed by an AIDS patient alleging that emergency medical technicians employed by the city refused to give him proper care.

The suit charged that two paramedics failed to help John Gill Smith, then 38, when they responded to a call in February 2001 that Smith was having severe chest pains. Smith's partner told the emergency workers that Smith had AIDS so they would know his health history.

One paramedic left the house with her shirt collar pulled over her face and did not return, while the other shouted at Smith, "Cover your face, or I'm not going to help you! If you cough on me, I can get AIDS," according to a statement from the AIDS Law Project of Pennsylvania, a nonprofit group that first filed suit over the issue in 1993.

Under the terms of Monday's settlement, pending approval by a federal court, Philadelphia will pay Smith $50,000 in damages and provide city-employed paramedics with ongoing training on infection control and HIV and AIDS transmission.

The city "thought that a settlement made sense" and did not admit any liability in the case, city solicitor Romulo L. Diaz Jr. said Monday.

In the 1993 case, city officials agreed to pay $10,000, issue an apology and retrain workers on proper responses to people with AIDS.

"Anyone who calls 911 needs to feel confident that the emergency personnel understand infection control," said Ronda Goldfein, executive director of the advocacy group. "We hope that today's settlement ensures that all of the city's EMT personnel are properly trained and are not afraid of sick people who need their help."

Wan J. Kim, who heads the Justice Department's civil rights programs, said that vital emergency medical services must be provided in a nondiscriminatory manner to everyone who needs help.

"The Justice Department is committed to ensuring that cities carry out this important function responsibly and in accordance with federal law," Kim said.

Didn't this have to be just mean spirited? And even if they believed they were in danger, this is how they chose to respond? I just don't get it....(My opinion from the outside looking in)

Dwayne

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Posted
"Anyone who calls 911 needs to feel confident that the emergency personnel understand infection control," said Ronda Goldfein, executive director of the advocacy group. "We hope that today's settlement ensures that all of the city's EMT personnel are properly trained and are not afraid of sick people who need their help."

Heh, that made me laugh for some reason...

I'm suprised they didn't refuse to treat them because they were gay...

While there was likely a large element of he said/she said and knwoing that cities usually would rather settle regardless than have a drawn out public case, I will assume there is an element of truth to the accusation.

Heh, like to see those two work here during SARS...Good luck.

Posted

I believe there is more to both sides of the story that is not being told. Settling for so little if something really occurred and medics being that stupid.... cheaper to settle than fight it...

R/r 911

Posted

Only a few years ago I read a short newspaper item that described a super-crowded subway car, not even standing room left, in which one seat remained vacant, all the passengers silently avoiding it. It had been graffito'd with the words "Did the person who sat here have AIDS?"

Superstitions sometimes have the toughest immune systems.

Posted

being at the recieving end of homophobia within ems, it doesnt surprise me the way the two medics acted and if it is true how they acted, then my god it makes me sick!

Scotty

Posted

This reminds me of what happened to me back in 2000. I was working for an Ambulance Service in a small minded town which was based out of the Hospital. We were called to Pt who was known to have aids and had came home to die. We were asked to go and pick this person up at home to bring them to the hospital. We said no problem so we asked the supervisor for face mask and gowns because we knew the pt was at home N/V/D x 3/7 and we wanted to protect ourselves. Well the supervisor was pissed and told us that we were not to wear any PPE well I told the supervisor I would not go and transport and that I had every right to protect myself. She told us that the person we were picking up was a friend of her family and then said how would you two feel if you had Aids and people showed up with gloves and mask and gowns on to pick you up.

I said I would know that the medics were professional enough to protect themselves and if they didn't have any PPE on I would make sure that were wearing it and would not want them to take a chance that I might accidently infect them.

Needles to say We ended up calling her supervisor and we won.

Posted

1st. Do people not carry PPD (gowns. mast, goggles, gloves) on their ambulances? Yes, wearing a mask without a vehicle of transmission is ignorant, but really, if you are that concerned, put the damn mask on and get over it.

2nd. I was doing a discharge out of a hospital with a patient that was not emitting any fluids or anything. The patient's RN pulls me aside and points to the face sheet where it says "isolation precautions" and says in a hushed voice, "the patient has AIDs." I shrugged and replied "So?" It amazes me that people who work in healthcare can still be so stupid.

Posted

Unbelievable if it is totally true. This does bring up a topic regarding BSI with infectious patients. I cannot tell you how many times we are getting prepared to transport a Respiratory MRSA Patient, and we gown up, glove up, mask up, and anything else we can think of and the nurse walks in without any PPE on with the Patient coughing all over everyone and tells us in a rude snobby voice that "you don't need that!". I think everyone time we transported someone with ANY type of Open MRSA wounds of Respiratory MRSA we were made fun of and chastised for wearing full PPE by the nurses. Never hurts to be careful, but if we are going to be in the medical field we need to learn what, when, and how things can be transmitted. Walking out of an AIDS patients house refusing to treat them is Unacceptable without question. As with any patient unless the scene is unsafe.

Posted

If it is true...but I'm inclined to agree with one of the previous posts...that all sides of the stories are not being told....however...if one feels more secure wearing mask ,gowns,etc. even if the situation does not warrant it then go ahead...it might be a physcological barrier but hey if wearing as opposed not ...makes one perform better then by all means do it... Freedom of choice....there were times as a Capatin a man would say to me "I'm going to mask up" (SCBA) and even if I thought it wasn't warranted I tell them "Go ahead" No one should be denied the right to self protection whether some else sees it fit or not....hopefully there is no truth to the actions stated above...if so, then perhaps we need to go over it one more time and give the truths and myths one more performance on stage!!

Posted

just a couple of things i noticed here,

1. this happened over 5 years ago.

2. the city settled out of court.

3. this is a rehash of a similer case from 1993, where a non-profit organisation deemed that agreements made were not made and that the training that that the city promised was not (in the eyes of the organisation) given, and all this started when hardly anyone understood where why what about HIV-AIDS.

4. this is a dramatisation to prove a point, 5 yrs ago, they get their ruling now, the EMT's that attended are either gone from the job or medics now, and in my opinion were not at fault, politics are, this stinks of being about the money and a political agenda for a small miniority, yes they are a small minority when you look at africa, this is not about lifestyle, its politics.

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