State to Patients: You May Have Hepatits B, C, and AIDS

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11/19/2007 05:52 AM

ID: 66634

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State to Patients: You May Have Hepatits B, C, and AIDS

Dr. Harvey Finkelstein is a pain doctor from Long Island and reused syringes on patients a little less then three years ago. Over 628 patients are being recommended by their state to seek out tests for HIV and Hepatitis due to infected syringes.

However, a twist in the story is that Dr. Finkelstein hired lawyers and started a fight with the state that resulted in the patients not finding out about the possible risks until after 34 months.

"It is a disaster," said Jeff Korek, who is the president of New York State Trial Lawyers Association. Due this wait patients will not be able to sue the doctor due to the 3 year statue of limitations coming up in just about 2 months.

Source: www.nydailynews.com

	WebReporter:	xloner12

	Recommendation:

ASSESS this news:					BLOCK this news. Reason:

11 Comments

	No public health warnings
	should be able to be stopped by the courts.


by:	ssxxxssssss	11/19/2007 06:42 AM

	@ssxxxssssss
	Correct! So, why would something like this happen? OOH! The "STATE!" They waited. Wasn't it also the "state" of New York that paid 100,000 graduate students to not follow their path of becoming a doctor?


by:	ibcm	11/19/2007 10:02 AM

	...
	"..Due this wait patients will not be able to sue the doctor due to the 3 year statue of limitations coming up in just about 2 months." What an evil son of a bi*ch! There should be some way around this. He should lose his licence to practice medicine, and be charged with negligent homicide if any of his patients die from this.


by:	StarShadow	11/19/2007 10:17 AM

	I'm sorry, but
	This guy should be executed. The need for execution is rare, but this guy not only sentenced an unknown amount of people to death, but went so far as to abuse the system into making sure they can't do anything about it to him. Luckily, this isn't a case where you can accidentally execute an innocent man.


by:	velger	11/19/2007 12:06 PM

	I wouldn't bother sueing the doctor
	I'd sue the state.the state has more money and i bet more willing to settle.


by:	kross10c	11/19/2007 05:23 PM

	Suing the doctor
	They can still sue the doctor because the statute doesn't start until the patient actually finds out about it. If they knew and didn't act, then that's another story. I agree with what ssxxxssssss said, no public health warnings should be able to be stopped by the courts or by anyone for that matter.


by:	elderban99	11/19/2007 05:35 PM

	Sadly
	The laws are out to protect the Dr more than the patient in many cases. The patients should be able to file suit since they could not know about the probable malpractice. Even Michigan which has one of the toughest Malpractice laws has an exception for something the patient would be unaware of. Knowing how many states are lax on how Dr's are sentanced he probably won't lose his license or spend a day where he truly belongs.


by:	TaraB	11/19/2007 06:43 PM

	Where is...
	"The Surgeon General of the USA"? I have always wondered what that politically appointed position is for.


by:	Rosko Sinep	11/19/2007 07:27 PM

	@Rosko
	They have the priveledge of sitting in an office all day dreaming up new cigarette warning labels.


by:	Rislone	11/20/2007 04:34 AM

	@velger
	In cases like this there should be NO hesitation about it, and in the slowest way! Think of all the families this guy has ruined the evil slime bag, Doctors nurses anyone dealing with human life should have psychological asssesstments before being able to deal with people at all, there are far too many out here harming and neglecting people, this is a complete blunder and should now be corrected.


by:	captainJane	11/20/2007 11:51 AM

	@elderban99
	Did you not read the source. The statue of limitations is not started when they learn of it, and it is only 2.5 years long, so these people are unable to sue. Unless the law is changed.


by:	RoBBoB	11/20/2007 11:33 PM

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