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Mercy nurse stuck by needle wants patient tested
"This is an unusual circumstance," said Linda Ross, a spokeswoman for Mercy Hospital, Uptown. "It's the first time in our recollection where a patient refused the test."
Kimberly Pitts, a registered nurse, was stuck with the needle Sunday while administering insulin to the patient, according to Pitts' request for the court order. The patient isn't named in Pitts' petition.
The patient has hepatitis C and a history of heroin abuse, both of which place him at high risk for HIV, the virus that causes AIDS. He was being admitted to the hospital for psychiatric treatment, the petition states.
Pennsylvania law states that an HIV test cannot be performed on a patient without consent. The patient refused Sunday, even though he was told "he would be helping out the nurse," according to the petition.
"It's tough all the way around because it pits the privacy of the patient versus the health of the practitioner," said Patricia Hogan, president of the Seattle/Puget Sound Chapter of the Association of Nurses in AIDS Care. "In our experience, most patients assist in the process. This kind of thing doesn't come up much at all."
State law allows hospitals to test blood the patient might have on file if a doctor certifies that the nurse experienced a "significant exposure." Dr. Bruce MacLeod, the chair of Mercy's department of emergency medicine, said the exposure was significant, according to Pitts' court filing.
It was not clear yesterday whether Mercy doctors have other access to the patient's blood. Pitts, whose name and residence were not listed in the court papers, could not be reached for comment.
Her attorney, Gayle L. Godfrey, declined to comment, beyond saying such legal action is "very uncommon."
Ross said Mercy supports "this employee and her efforts to obtain the test results."
The U.S. Centers for Disease Control and Prevention recommend treatment for health care workers who are possibly exposed to HIV. The treatment is a four-week course of drugs.
Pitts wants to avoid that treatment because of concerns about the risk of anemia and liver damage that can occur, according to her request for the court order.
Hogan, the Seattle nurse-practitioner, said the side-effects of the so-called cocktail of anti-retroviral drugs are of huge concern to medical professionals and patients alike.
"It's a risk for her, though, if she doesn't want to be treated," Hogan said. "If she has contracted HIV, you need to get (treatment) started right away."
The average risk of HIV infection after a needlestick exposure to infected blood is about 1 in 300, according to the CDC. About 2,500 health care workers develop HIV or hepatitis B or C each year after being stuck by patients' needles, according to the Emergency Nurses Association.
Officials with the American Civil Liberties Union in Pittsburgh and their national headquarters in Washington, D.C., declined to comment on privacy issues that arise from the case.
Godfrey asked for an expedited hearing, but one had not been scheduled yesterday.
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