The act of a hospital director refusing disc surgery due to Human Immunodeficiency Virus (HIV) infection was judged by the National Human Rights Commission of Korea (NHRCK) to be a violation of the patient's right to equality. HIV is the virus that causes Acquired Immunodeficiency Syndrome (AIDS).
At the same time, the NHRCK recommended that the hospital director provide job training to affiliated staff to prevent similar incidents from occurring. The hospital explained that it lacked specialized knowledge about HIV-infected patients and did not have separate facilities or equipment, so it referred the patient to another hospital.
On the 20th, the NHRCK determined that a hospital in Gyeonggi Province, which refused surgery after confirming the patient’s HIV-positive status on the day of the scheduled operation, violated Mr. A’s right to equality due to fear and prejudice against HIV and AIDS.
Mr. A, who has been receiving treatment after contracting HIV about seven years ago, was scheduled to undergo neck disc surgery at a hospital in Gyeonggi Province last May but was refused surgery on the day of the operation. He subsequently filed a complaint with the NHRCK.
The hospital argued, “Since the victim did not disclose that he was HIV-positive, we could not accurately assess the patient’s condition, and due to the medical complexity, including unclear information about treatments performed by other medical personnel, new treatment was difficult, so there was a justifiable reason for refusing care.”
They further explained, “There are no dedicated procedure or surgery spaces or specialized infection control teams for HIV-infected patients, and we lack the expertise and facilities to handle infectious disease patients like those with HIV in emergency situations such as bleeding during surgery, so we had no choice but to guide the patient to receive treatment at another hospital.”
However, the NHRCK pointed out, based on guidelines from the Korea Disease Control and Prevention Agency, that separate equipment for HIV-infected patients is not necessary.
The guidelines state that when operating on patients carrying bloodborne pathogens such as HIV, it is not necessary to wear more protective gear than usual, just as with other patients. Additionally, it specifies that “if HIV and AIDS are diagnosed early and treated consistently, they become chronic diseases with a significantly reduced risk of transmission to others.”
Accordingly, the NHRCK recommended that the hospital director provide job training to affiliated staff to prevent similar incidents from happening again.
Previously, in September last year, the NHRCK also found that a hospital in Gwanak-gu, Seoul, violated a patient’s right to equality by refusing fracture surgery to an HIV-infected patient. The complainant had visited the orthopedic department for fracture surgery after injuring his right hand. When he informed the medical staff that he was taking HIV medication, he testified to the NHRCK that the surgery was refused with reasons such as “equipment is not prepared” and “surgical conditions are not suitable.”
At that time as well, the NHRCK stated, “This was a discriminatory act violating the right to equality by treating a specific individual unfavorably without reasonable grounds,” and recommended measures to prevent recurrence.
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