PHYSICIAN-PATIENT PRIVILEGE

Melo v. Barnett, No. 2003-SC-0200-DG (Ky. Mar. 17, 2005)

An HIV-positive patient was injured at work and sought worker's compensation benefits to pay for his treatment at a hospital. Under Kentucky's Worker's Compensation Act, the treating physician is required to disclose information related to the injury to the employer and the employee agrees to waive the physician-patient privilege when he enrolls in the program. The patient sued the treating physician for revealing the fact that he was HIV-positive to his employer, which he claimed made for an uncomfortable work environment. The Kentucky Supreme Court ruled in favor of the physician, finding that the patient expressly waived the physician-patient privilege when he sought worker's compensation.