In a case with implications in New Jersey and across the nation, a 43-year-old man is taking legal action against a medical facility after he was allegedly and incorrectly told that he had HIV in 2004. The U.S. veteran, who lives in Kentucky, has undergone extensive treatment to fight the illness, has battled suicidal thoughts and has been involved sexually with others with HIV. The man has filed a medical malpractice lawsuit against three organizations, the University of Kentucky Medical Center, The Bluegrass Clinic and the Fayette County Health Department.
In Sept. 2004, the veteran received his diagnosis. He questioned the results because a previous test had come back negative and ordered another test. The second test also came back negative. However, physicians gave him information on the disease and recommended he begin treatment. The man's lawyer claims that he was not given an appropriate standard of care regarding the HIV testing. He had some immune issues but did not have HIV.
In 2012, the man pursued legal benefits from the Veterans Administration. However, he couldn't find a test that definitely showed he had HIV. The lawyer further explained that although the man didn't have HIV nine years ago, he could have contracted the disease through one of the HIV-positive people he was intimately involved with after his diagnosis. His client now plans to go to another state for further tests to determine his health status.
In addition to his risky sexual behavior, the veteran also took a cocktail of drugs to combat the supposed HIV. The pills he was prescribed have been called into question after some tests showed that they caused cancer in rodents. A medical misdiagnosis can have several negative consequences for the victim. In such a case, a personal injury attorney might be able to help clients pursue legal action.