The National Human Rights Commission (hereinafter referred to as the Human Rights Commission) judged that the hospital's refusal to operate on a patient because he was infected with the human immunodeficiency virus (HIV) was an act of discrimination.
Today (26th), the Human Rights Commission announced that it had recommended measures to prevent recurrence, saying, "It was a discriminatory act of infringing on equal rights by treating a specific person unfavorably without any reasonable reason."
According to the Human Rights Commission, Mr. B filed a complaint with the Human Rights Commission last year saying, "I was refused surgery at the hospital because I was infected with HIV."
Mr. B injured his right back last year and went to an orthopedic surgeon at A hospital for fracture surgery.
At that time, when he told the medical staff that he was taking HIV medicine, the hospital refused the operation saying, "The equipment is not ready. The conditions for surgery are not suitable."
In the end, Mr. B had to undergo surgery at another hospital.
HIV infected by Mr. B is a virus that lives in body fluids such as blood, lymph fluid, and tissue fluid. It lowers the immune function and causes AIDS.
This virus is transmitted through bodily fluids, and according to the report status of HIV and AIDS infection in 2019, the highest number of infections by sexual contact was 99.8% of those who responded to the route of infection.
On the other hand, there have been no reports of blood-borne infections since 1995 and transfusion-related infections since 2006.
The head of orthopedic surgery at Hospital A said, "After an operation that is infected with HIV, the possibility of transmission to a person with a wound on the skin cannot be completely excluded. Closing the operating room is practically impossible because it is progressing like a cogwheel.”
He also added, "For rare chronic diseases such as HIV or dialysis patients, it is common to recommend that the patient be treated at the hospital he was attending unless emergency surgery is required. I went to the hospital and guided them to receive treatment, but there was no discriminatory intent.”
However, the Human Rights Commission judged that the hospital's refusal to operate was an act of discrimination.
According to the Korea Centers for Disease Control and Prevention's guidelines for treatment of HIV-infected persons, "If the standard precautionary guidelines for all patients for HIV-infected patients are followed, separate equipment or facilities will be required for surgery on patients with blood-borne pathogens (HBV, HCV, HIV, etc.) It is not required."
In fact, B was denied surgery by hospital A, so he called another hospital in the morning of the next day and was able to receive a fracture surgery in the afternoon of the same day.
Based on this, the Human Rights Commission pointed out, "It is hard to believe that it is a reasonable measure to refuse the surgery scheduled for the next day and guide him to move to another hospital, even though he does not need special tools or drugs for Mr. B's operation."
He continued, "The act of refusing the operation of the victim is an unfavorable treatment of a specific person in relation to the use of medical services without a reasonable reason based on the victim's medical history. It is an act of discrimination that violates the right to equality.”
At the same time, he recommended that the chairman of Hospital A provide job training for his medical personnel and staff to treat HIV-infected people and take measures to prevent a similar case from happening again.