Ask the Lawyer

Personal Injury Law

Posted

Q:  I recently received a letter from a South Shore Hospital which recommended that I be tested for hepatitis and HIV due to the use of an insulin pen used on me during a recent hospital stay.  The hospital is offering free testing.  What should I do?

A: This story was recently in the news.  A hospital in Nassau County sent letters to 4,247 patients advising them that they may have received insulin from a pen that may have been used on more than one patient.  The danger in this practice is the potential for backflow of a patient’s blood into the device, and that is why the pens are recommended for single use on only one individual.
 
Although the chance of infection is relatively small (approximately 4.5% of patients who were tested at an upstate hospital tested positive after being injected with a single use pen that was used on more than one patient), it is necessary to be tested.
 
It is advisable that you be tested by your personal physician rather than the hospital.  Tests for hepatitis measure antibodies in your system.  Depending on the level of antibodies considered to constitute a positive test, you might be positive but receive a negative result.  In the past, these incidents have also resulted in legal suits of medical malpractice or hospital negligence.  That is why it is preferable to have your tests done by an independent lab.  It is always best to consult with an attorney before taking action that may have an adverse effect on your rights should you be found to have been infected.

Page 1 / 2