Destroyed life and washed their hands: a man lived for five years with an incorrect diagnosis of HIV
A man of more than five years was sure that he had HIV infection, which is why his life has radically changed. When it turned out that the diagnosis was false, an attempt to recover compensation for the lost years turned into a complete collapse.
Sergey, a resident of Samara, donated blood in a private medical company in 2011, and the first analysis tested positive for HIV. The patient was redirected to the AIDS center, where he was placed on a special account "with the contingent code – 113, which means the identification of HIV infection according to the results of a clinical examination."
As Sergey himself told the “SO” publication, the AIDS Center doctor told him about the need to observe hygienic rules, mandatory follow-up at least once every six months, as well as the need to warn doctors about his HIV infection, and warned criminal liability if another person puts them at risk of infection.
The next five years were a real test for him. Sergey was haunted by constant thoughts about imminent death, faced with the facts of humiliation in hospitals during dentistry, gums, etc. Sergey avoided visiting crowds of people, because he was afraid to get infected with any virus, had problems with employment.
The treatment was not prescribed to the patient. Any clinical manifestations of the disease were also absent. And in the end, after all, analyzes were made, the results of which turned out to be already negative. In December 2016, the AIDS Center Commission decided to remove the patient from the register, since the diagnosis “HIV infection” was not confirmed.
Outraged by what was happening, the man decided to go to court and demanded 5 million rubles for non-pecuniary damage. The first instance came to the conclusion that he and 50 thousand is more than enough. Both the claimant and the defendant considered this decision unfair and appealed. As a result, won the AIDS center. The compensation of 50 thousand rubles was canceled, the claims were completely refused.
The process, however, did not end there, since the citizen who turned out to be HIV-negative had canceled the appeal ruling of the regional court and is currently preparing for a new meeting.
According to the publication, doctors did not comment on the case, citing medical confidentiality. And the victim’s lawyer believes that the doctors violated the procedures. This concerned the analysis of blood serum, as well as the fact that an infectious diseases doctor was not involved in diagnosis in 2011, although only this specialist is entitled to make a diagnosis based on a comprehensive assessment of the data obtained.