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.