LOS ANGELES – A Los Angeles County resident alleges a medical test was done without his permission by a community clinic.
John Doe filed a complaint on Sept. 19 in the U.S. District Court for the Central District of California against United States, Stacey Nadler, Saban Community Clinic, Beverly Health Center and Does 1-10 citing alleged medical battery, intentional infliction of emotional distress, professional negligence and invasion of privacy.
According to the complaint, the plaintiff alleges that on Jan. 27, he went to Saban Community Clinic for a follow-up appointment to address his asthma. The suit states Nadler was the assigned nurse practitioner to plaintiff, who was allegedly hostile to plaintiff and ordered an HIV test, which plaintiff refused to undergo but was done without his consent. On Feb. 1, the suit states Nadler called plaintiff to inform him that his result for HIV came back positive and that she had already took it upon herself to schedule an appointment for him at Cedars Sinai, which he alleges is a breach of his privacy.
The plaintiff holds United States, Stacey Nadler, Saban Community Clinic, Beverly Health Center and Does 1-10 responsible because the defendants allegedly performed a medical procedure without consent from plaintiff and breached the confidentiality and privacy of plaintiff by sharing the result with another person/facility.
The plaintiff requests a trial by jury and seeks judgment in his favor, damages, interest, costs of suit and further relief as may be just. He is represented by James G. Bohm and Joanne P. Freeman of Bohm Wildish LLP in Costa Mesa.
U.S. District Court for the Central District of California Case number 2:16-cv-07033