Last week we discussed a case in which a man was misdiagnosed with HIV when he didn't actually have the virus. The man opted to seek compensation for the misdiagnosis, but the case was thrown out because of the statute of limitations in Kentucky for medical malpractice cases. That post might have some people wondering about what constitutes a failure to diagnose.
Getting a diagnosis of HIV is devastating for almost any patient. Learning to live with the diagnosis often takes time. Letting your family members know about the diagnosis is another hurdle that patients with HIV have to cross. Now, imagine that you were wrongfully diagnosed with HIV. Can you imagine the feelings that would overtake you when you find out that you don't really have the virus? One Kentucky man who was diagnosed with HIV in 2004 recently went through that exact situation.
One of the directors at the Institute for Healthcare Improvement pointed out when asked about mistakes that are made in hospitals, that the issue comes down to the fact that people are working in those settings. They may have excellent training, but that does not take away their humanity, and there is simply going to be the chance that someone will make a mistake, as humans are prone to do.
After having a child and finding that the child was injured in some way during the process, you need to look into all of the information relating to what happened, what rights you have and all of your options. A good place to start is by taking a look at some of the more common birth injuries that are reported so that you can see if your situation matches up.