Legal Question in Civil Rights Law in Florida

Is it legal to disclose a persons HIV status by writing it on all the car window

On 8-11-01 I was in an automobile accident where I was struck by a city bus. The bus hit me on the passenger side throwing me into the right windshield my seatbelt braking my rib before stopping me. I had seven pins put in my knee and several hundred stitches to the face. I told the paramedic I was HIV positive when he attended me. One of the men standing with the bus driver asked me for my insurance papers. That day the top story on a local news station was of my accident giving my age name stating I ran a light and did not have insurance. When getting out of the hospital I found my car with HIV aids written on all the windows and my insurance papers with my blood on them in the car with prints where I handed them to someone. Is legal or over zelous damage control by a government entity?


Asked on 2/22/04, 9:18 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Is it legal to disclose a persons HIV status by writing it on all the car wi

I am sorry to hear both of the accident and your condition. I hope you are recovering well.

There may be some privacy concerns here, but you are probably correct that it was overzealous caution and not malice. Moreover, the car was in impound so the HIV status was not broadcast to the public, although many officers could see it. (And someone would have to read the insurance paper in the car to know the identity of the owner anyway.)

I do not think that you have a strong legal case based on these facts, nor would it be worth your time and money to pursue (unless there are other facts or the matter has caused you other harm). However, you might consider making a diplomatic complaint to the police department, suggesting that they need better techniques for dealing with health-related matters.

Best of luck to you.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Read more
Answered on 2/23/04, 10:50 am


Related Questions & Answers

More Civil Rights Law questions and answers in Florida