TB Positive... What to do with health dept?

bengalliboy

Registered Users (C)
My wife had to do a skin test and the county Immunization department and turned to be positive. One reason this happend because we (Asians) already get BCG (a TB vaccine) that we get while in childhood. One way to clear this up is to do a chest X ray and make sure she does not have TB virus. Well the problem is there, we don't want to do an X-ray right now since she is pregnant.

What we want to wait till the baby is born but it looks like the nurse in the health dept. does not want to wait....even our doctor (OB-Gyny) said, we can wait and do the X-ray later...

My question, what are my legal rights? What they can do if they want to do the X-Ray? Any advise?
Thanks a lot
 
I think, if you donot provide an X-ray now, INS can issue a RFE later seeking clarifications. Contact a good attorney for this.
 
that is fine...but what next?

I am not worried with RFE.... it is a matter of risk associated with my baby..... I just don't want to do the X-Ray now.... I want to do it later. IS this going to slow my processing?

Again, to me GC is not that important like others.... Just understand that. TIA
 
Your lawyer should have advised you to wait until after delivery for filing AOS for wife.
County has legal powers, so a competent lawyer is the only recourse you should take.
My 2c
 
reply

When you file AOS the doctor files his report.

Your wife has tested TB positive.

All you have to do is tell the doctor to go ahead and file his report in the sealed envelope and you have to tell your attorney to add an explanation in his filing that your wife is pregnant etc etc and this will be taken care of after your wife delivers

You have to insist to the doctor not to do the chest xray
 
Which dumbhead doctor gave Mantoux test to Your wife during pregnancy. Sue him and make some money ....You shold never do skin test or Xray during Pregnancy .Take the result from that doctor and throw them in dustbin. Go to different doc and say u do't want skin test and do't want Xray right now due her condtion. Doctor will make a note on your medical forms that TB test cannot be carried right now and later on after the baby u can can send the only Xray results after the baby. You have every right to refuse the Xray or skin test.
 
Baby is more imp.

My advice - at any cost dont go for X-ray (nobody can insist). OBGYN will always say - not to go for X-ray as it may cause birth defects that may stay all your baby's life.

Remember, nobody can insist on risking baby's life. So, whatever happens, just send your medical results along with application, and your doctor can add explaination why X-ray was not done. It is not waived, but 'to-do' test later on. In most cases, RFE is generated, so be it.

My 2 cents.
 
Well, bengaliboy's problem is about the nurse in the county health department insisting on x-ray right now rather than later.

County's objective is to stop spread of TB. If they think itnecessary they can order steps to minimize spread of disease.
 
Re: TB Positive

If your wife has BCG vaccination, and the result is positive, tell the Nurse in the County that it does not mean that she can spread the infection... A positive skin test does not mean that you have active disease; rather, that you may have been exposed to the organism referred to as TB infection at some time in the past. If the result of the skin test is positive, a chest x-ray must be obtained to ascertain whether you have the active disease.

Of course they want to prevent the spread but it does not necessarily mean that your wife is an active carrier.

You have the right to refused the Xray since your wife is pregnant...How many months by the way?

I am a nurse by profession...
 
County is after me...What to do?

Thanks for all the advise.... I did what some people suggested. That is, We told the doctor regarding this and the doctor gave the report but on my wife's report, it is mentioned that 'X-ray' will be done later since she is pregnant.

So, at least that part is okay. The real problem, we explained the county nurse regarding BCG and why it can be positive but she just don't want to listen, rather her claim is, BCG, if taken for more than 2 years back then it should not be there even....she said she is going to issue a letter and weshould do an X ray.

well she is 3 months pregnant and what a situation. Can any one advise me, after I get this letter what should I do? What is my legal rights? I mean, if they force us, I would rather send my wife to India but no way I am going to do an X ray....

So please advise me... Again, I am not worried about INS now, this stupid nurse things I am trying to risk my wife's life to protect my baby....
TIA
 
this is my personal opinion on this issue, from what I understand on your statement ....if the nurse is going to issue a letter stating that she(wife) needs to take an x-ray let her do that and keep the letter and at the same time get the letter from the doctor that your wife is going to take the x-ray test after your child's birth and make this as your addendum or supporting letter against the letter from the nurse....I'm sure the adjudicator is going to take the side of the doctor....since the doctor has the authority more than the nurse.....
 
my wife was pregnant too

Hi,
My wife was three months pregnant too when we had to do our medicals.
Here is what we did.
- Got a letter by my wifes OBGYN that she was pregnant.
- Provided copy of the Blood tests conducted by the OBGYN ( when they requested it ).
- The only test that was done was the protein test.
- The test was -ve. However since your wife's came out +ve, They will put in a request that the xrays need to be done after delivery.

- They should not and cannot conduct the xray when she is pregnant.
 
Alternative test

I heard that sputum culture test conclusively determines the existence of bacteria or otherwise.
But you have to check with Obstetrician/Gynae if that test can be administered during pregnency.
As I had said in a previous post, county has legal powers so its better to come to compromise that satisfies all.
 
which state are you in Bangaliboy. There are different state rule regrading Mantoux test. I know california laws give you the flexibilty not to beleive that test. That is you donot belive in this test . Second you should ask a question to that nurse that Can she give in writing that this +ve reaction is due to TB not the BCG shot. Will she be responsible for any afteraffect of Xray. tell them to give in writing. Worst case chage the house quitely.

Second Check with American Lung association and British medical Bord.
 
What to do with the county?

Thank u ghost and others,
The last idea is good and satisfactory to me.... I did argue with the nurse and she said, "BCG vaccine can make some one positive only if it is been taken in past two years..."

She also said, "Don't worry, they know how to take care of wo-men"...and bla bla bla.....
See, I can run from here but my question is, does any one know what is thier next step? I am sorry if I am over reacting but, I just don't know why is the county after us thinking my wife's life is in dangour....

but any way, I am just cluless what to do, other than asking here, hey put it in writing.....Can any one else please share thier part of the story so that I can be little fareless. Thanks
 
Bangaliboy ..send me a PM with your number or contact info i can explain u on this subject. I had gone though this ordeal for my Kid so know how to handle this county things.
 
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