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Medical misdiagnosis case dismissed, statute of limitations cited

| Sep 18, 2014 | 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.

The man was diagnosed with HIV by doctors at the University of Kentucky. He lived with that diagnosis until last year when he learned that he was the victim of a medical misdiagnosis. He didn’t have HIV. He opted to pursue a claim for compensation from the doctors who made the diagnosis, but the judge in the case has ruled that the man waited too long to seek compensation.

In Kentucky, victims of medical malpractice have one year to file a claim for compensation. In this man’s case, the judge said that the man should have known about the misdiagnosis before last year. The judge said that the man had been informed by others of the misdiagnosis.

The man has the right to file an appeal but hasn’t made the decision about whether to pursue that option or not. His case does prove that the statute of limitations in medical malpractice cases is a serious limitation. Anyone who has been the victim of a medical misdiagnosis should make sure to take action as soon as he or she has suspicions that the doctor didn’t make the correct diagnosis to avoid going through what this man is going through.

Source: WTVQ, “Judge: Too Late to Sue for Misdiagnosis of HIV” Melanie Kendall, Sep. 15, 2014

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