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Your rights in health care

Everybody with HIV needs to go to a specialist HIV clinic to get the best possible treatment and care. It’s also important to have a GP and from time to time you’ll probably have to see other health specialists.

Sometimes people with HIV experience difficulties with healthcare workers. But there are similar rules and codes of ethics in all healthcare services and in all parts of the NHS, so you ought to be treated with respect whether you are at the HIV clinic, other hospital service, GP or dentist.

Under the Equality Act, it is illegal to discriminate against people with HIV in health care - this means that you should not be refused a service or receive a less favourable service because you have HIV. Also, healthcare professionals work to codes of ethics to make sure that their personal prejudices don’t interfere in the kind of treatment they offer to patients.

“I have known my dentist for a long, long time and I found it difficult to tell her. I thought she would have thought less of me and then eventually I just says, ‘Look I’ve got something that I have to tell you’ and she never batted an eyelid.  She says ‘Well, how are you doing?’”

There are strict rules about the confidentiality of medical information and medical records. Although it’s normal for healthcare workers who are treating you to have access to your medical records (which may mention your HIV status), this information should not be shared with others. For example, you must give permission before your doctor can provide medical information about you to an insurance company or an employer.

To find out more about confidentiality, visit our website, www.aidsmap.com, or read the NAT booklet Personal information and the NHS: a guide for people living with HIV. It is available at www.nat.org.uk or by calling 020 7814 6767.

If you have moved to the UK from another country, you may have questions over your entitlement to free NHS care. The rules covering this are complex, so it’s important to get specialist advice. Good places to start would be THT Direct (0808 802 1221) or I Do It Right (0800 0967 500).

Some medical procedures involve contact with blood and other body fluids. To avoid infection or onward transmission, healthcare workers should follow ‘universal’ infection control procedures. No extra precautions are required when the healthcare workers know that their patient has HIV.

Unfortunately there are occasions when healthcare workers don’t live up to the standards that we expect. Sometimes it’s a simple mistake or oversight, or ignorance, but sadly it can be because a healthcare worker is prejudiced.

“Some nurses they don’t have the knowledge and when it comes to handling HIV it is a mess.  They think just touching somebody you can get it.”

If you have tried discussing the problem with the healthcare worker concerned or with a manager and haven’t had a satisfactory response, then you may want to deal with the matter in a more formal way.

In most areas, the NHS has a Patient Advice and Liaison Service (PALS) which should help you to sort out the problem or, if necessary, make a complaint. You could also tell an HIV organisation about what you’ve experienced - they may be able to help you make a complaint and offer practical and emotional support.

There are well-established complaint procedures in the NHS. The standard of care you receive should not be affected because you are making a complaint. There’s more information in the Making a complaint section.

HIV, stigma and discrimination

This content was checked for accuracy at the time it was written. It may have been superseded by more recent developments. NAM recommends checking whether this is the most current information when making decisions that may affect your health.