How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111489
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I had a doctor, family and agency with hold medical

Customer Question

I had a doctor, family and agency with hold medical information for a client I took care of in my house for a little over 2 years. This individual had MRSA and the refused to let any one know even after pressing both him, the agency and the family if the rumours I was hearing was true. Because of their choosing to with hold the information my entire family has been exposed to this disease. when i finally wrote a contract termination the Dr. finally wrote to the agency that this individual has been know to have the disease and will never get rid of it. I am developing itchy pimples hear and there on my skin and getting deeply worried about it.
Submitted: 5 months ago.
Category: Legal
Expert:  drphophalia replied 5 months ago.

Hello,
I am Dr. Arun and will be helping you today.

Were any investigations done to confirm the MRSA transmission for you?

Customer: replied 5 months ago.
No, no one seemed bothered by it. The answer i got from all the three parties including the Dr. whom i thought would show some concern was " No big deal! He even later said its too late for me to ask about it my family and I have already been exposed and there is not going to be over exposure because we have been already exposed.I reported it to the department of Public health which made an unannounced visit to the agency but they too didn't seem concerned about my health and the health of the members of my family .
Expert:  drphophalia replied 5 months ago.

Are your present concern, related to confirmation of the diagnosis and seeking adequate treatment (if found positive)?

Customer: replied 5 months ago.
I thought of suing the agency and the Dr. for not revealing this information for as a caregiver I am entitled to be given all the medical information of the person am taking care of so I can use the PPE as any caregiver would do if informed so you know what kind of PPE you need and how to protect those other members of the family. I was left to guess and the answer they gave to State was that, they didn't know he had it.But the State didn't seem to care because they didn't ask the agency what they are going to do about it now that they know.
Expert:  drphophalia replied 5 months ago.

Your question is in Health category, presently. It seems that you need a legal opinion. I would alarm the customer service to change the category.

Customer: replied 5 months ago.
I would like to seek damage if me and any member of my family tests positive anytime and would like the agency to pay for me and my family to be properly tested.
Expert:  drphophalia replied 5 months ago.

I have asked for the category change. You may also ask the customer service to transfer your question to legal category.

Customer: replied 5 months ago.
I would also need to seek adequate treatment for me and any of my family member that tests positive
Expert:  drphophalia replied 5 months ago.

I have asked Moderator for the category change. You may also ask the customer service to transfer your question to legal category.

Customer: replied 5 months ago.
I have a son that was going through chemotherapy this whole time this individual was living with us and also he had surgery that same time and had to move him out of the home to live outside the home costing me more money to pay for his living expense while we figure out if this individual had MRSA. and what we should do about it now that we were exposed to it.
Customer: replied 5 months ago.
I asked them to help pay for my house to be professionally cleaned when I finally terminated the contract and they denied my request. I feel like am walking on maggots in my house I cannot walk bear feet because am scared about the amount of germs on the carpet and on the floor.
Expert:  drphophalia replied 5 months ago.

There is a small wait time for category of the question to be changed to Legal and a lawyer picks up the question.

Thanks for your patience.

Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While a healthcare employee assumes a certain amount of risk regarding being exposed to contagious diseases, if an employer knows of such a risk and fails to at the least issue contagion precautions on a patient, then the employer might be negligent. However, here is the huge problem you face as an employee.
Under the workers compensation laws, the states removed the right of the employee to sue the employer for tort. What this means is that while the employer is strictly liable to you for any injury you suffered as a result of your employment under workers compensation law, in exchange you cannot sue the employer in tort, meaning that you can only seek damages from the employer for actual injury you sustained and for medical costs and time lost from work for the work related injury.