Woman wrongly diagnosed with HIV 15 years ago seeks to sue hospital

[Khon Kaen Dave]

1 minute ago, steven100 said:

Stupid idiot .....  He needs a good talking to by another doctor ... 

also,  in western society ... you could say that one is also against questioning people of authority ...  ??

You are right to a degree there Steven.We have a class system in the UK very similar to the Thais.I can remember, my grandad, who was a tailor, touching his forelock and calling the customer "Guv'ner" when he gave him a ten shilling tip for "a suit well made, my man"There was a time when the working classes were told to "know their place" and tradesman's entrances were at the basement level.But now, with the modern youth, that has all changed. I can actaully remember (as a plumber years ago) replacing a waste disposal for the daughter of one of our lords who sat in the house.At the end of the job, here Ammax was refused and so was her visa and M/C.She just waved away the problem by telling me she would simply give me a cheque and that i wasn't to worry, because the 'name' alone would carry it.I refused the cheque, and told her tha i now wanted cash (300 quid) if she refused i would go straight to fleet street and show any gutter paper the refusal slips and tell them that our gentry had no money (a member of the higher class, is always told '" There are 2people that you must always pay, your Tradesmen and your tailor") She called her father at the house of lords and he told her to get the cash, and" dont keep the man hanging about"Then i got the  "do you know who i am" bit. I said, yeah, i know who you are, a woman whose trying to not pay me.She paid. But she was absolutely furious that i didn't bow and say  ''Thankee maam, your a toff and  no mistake".And these people still exist. They dont understand that the days of 'upstairs and downstairs' have gone.

By the way, i exited the premises via the 'front door'

[StevieAus]

14 hours ago, kwilco said:

This is certainly not an isolated problem - it is symptomatic of the haphazard nature of healthcare in Thailand though.

 

I can cite on incident of a girl being wrongly diagnosed as being HIV positive - if she hadn't been so determined to prove them wrong, she would have been in the same situation, but she knew enough about aids transmission tp realise it wasn't possible....got a second  (and eventually third) test and proved them wrong.

this was one of the "quick test" clinics in Pattaya. Lord knows how many incorrect diagnoses they have made  IN  BOTH DIRECTIONS - there are porbably dozens of people going around thinking they are HIV infected and an equal number blithely unaware that they are HIV positive.

the whole thing is utterly disgraceful

 

 

One also wonders what sort of doctor would come to the conclusion that the girl had become infected from her father and HOW!!!!!!! - It beggars belief that this guy/woman is allowed to practice.

I think you will find that it is not only Thailand where people encounter problems I read an article some time ago about the number of people who die in UK hospitals from preventable issues the figure was staggering.

Only last week there was a report of a woman who died after childbirth from massive blood loss due to the correct procedure not being followed and there had been several other cases at the same hospital

Unfortunately Doctors and other medical staff are only human and they make mistakes and considering the long hours that many work not only here but in the UK and Australia I am surprised that there are not more problems 

[Khon Kaen Dave]

15 hours ago, silent said:

At least be happy the village people didn't burn her at the stake when first misdiagnosed. 

I can remember my first holiday here, 20 years ago. One of the bar girls told me that the mamsan of the bar had told her that Westerners couldn't get HIV

 How dangerous was that.? Another girl told me that if she contracted HIV, that she would die alone. The stigma it created, would render her an outcast

 

[Autonuaq]

Well there are some people who can cure of hiv. This is well known.

 

She need to do a dna test to see if she has the same string then the people who are immum to it or able to cure

 

After this test and a few other tests then she can probably claim misdiagnosed.

 

Takes a few year more.

 

Beside it is a doctor who read for you the result of the test done by the labatory.

 

Normally the would do a new test with new blood to confirm.

 

Edited June 4, 2017 by Autonuaq

[sandemara]

18 hours ago, JohnnyBKK said:

None of the actual HIV tests are 100% reliable. So none of the people diagnosted with HIV are sure 100% to have it.

Any clear proof to support that surprising claim? It might be more logical to say tests can't prove 100% that you don't carry the virus.

[kaneko86]

5 hours ago, whaleboneman said:

So an infected person can't pass it on if they are on meds? That was not my understanding.

 

Yes so it is... google Swiss Statement or couple study hiv.

 

Like someone on here said the way the people think about this disease (like 30 years ago) and how it is medically threated now is completely another story.

[Suzy]

18 hours ago, michemiche said:

You dont know what's like to take these medications every day !....

I do know what it's like to take the medication everyday. I have had HIV for the past 20 years and am very glad to be alive as I was given 12 months to live, possibly 24. I now take two pills a day and have no problems with health or side effects and lead a 'normal' life. Yes, I am very glad to be alive!

[RBOP]

15 hours ago, SiSePuede419 said:

OK, theses tests look for antibodies that attack HIV.  Are there other antibodies similar that it's getting confused?  ?

No.

[kwilco]

2 hours ago, StevieAus said:

I think you will find that it is not only Thailand where people encounter problems I read an article some time ago about the number of people who die in UK hospitals from preventable issues the figure was staggering.

Only last week there was a report of a woman who died after childbirth from massive blood loss due to the correct procedure not being followed and there had been several other cases at the same hospital

Unfortunately Doctors and other medical staff are only human and they make mistakes and considering the long hours that many work not only here but in the UK and Australia I am surprised that there are not more problems 

You probably aren't aware what a false syllogism is as if you were you wouldn't be using one.

[kwilco]

bear in mind, if the girl hasn't been tested for 15 years - if that is even established as fact - then it is the health carers fault not to make sure these tests were carried out. Apart from the danger to the patient, there are public health issues that need addressing.

[RBOP]

14 hours ago, bazza73 said:

How can an eight-year-old be diagnosed with HIV, unless incest was involved? Something doesn't add up.

The point of her case is that the doctor/hospital 15 years ago made a terrible misjudgment and didn't follow proper guidelines and protocols at the time. She has a case to sue the doctor/hospital for malpractice. 

[RBOP]

24 minutes ago, Suzy said:

I do know what it's like to take the medication everyday. I have had HIV for the past 20 years and am very glad to be alive as I was given 12 months to live, possibly 24. I now take two pills a day and have no problems with health or side effects and lead a 'normal' life. Yes, I am very glad to be alive!

Have you thought about Atripla? They also make a generic version here in Thailand. 

Edited June 4, 2017 by RBOP
grammar

[bazza73]

1 minute ago, RBOP said:

The point of her case is that the doctor/hospital 15 years ago made a terrible misjudgment and didn't follow proper guidelines and protocols at the time. She has a case to sue the doctor/hospital for malpractice. 

I suspect a lot of misdiagnoses occur here. It took me three doctors over the space of a month to get to a correct diagnosis of cellulitis in my right foot.

I'm questioning why a diagnosis of HIV in an eight-year-old child would not be followed up by determining how she acquired it.

Except for America, in most countries it is very difficult to take legal action against an incompetent doctor or surgeon, because the medical profession bands together to support its own. It's usually only the most outrageous and repeated incompetence which attracts attention.

[animatic]

Hmmmm....no second opinion in a timely fashion.

 

I doubt a competent trial lawyer would even take this case.

 

She probably already tried to retain a lawyer and they told her to go to the media and hopefully the hospital with the negative news will make a small offer to make her go away.

Yes an 8 year old Thai orphan will have the presence of mind and knowledge to question a doctor, while simultaneously being run out if town by a witch hunt....

 

Not her fault. We can't superimpose our general knowledge on a preteen raised in a country where showing silent respect to all elders and especially those in power is paramount in life's scheme.

 

Poor kid had no reason to not believe she had it, since almost every adult in her life believed she had it and showed fear at her very presence.

 

And 100% the doctors fault, he/she should have done multiple tests, and follow up, or sent a file with the poor girl as she was shunted off by fearful villagers.

The villagers reaction is also indicative of how little chance she had of questioning the diagnosis. Zero at her age.

 

Doc dropped the ball and ruined the first 1/3 of her life.

 

She shouldered the stigma, but also the decade and a half cost of medication and drain on her life to pay for them, all for nothing. She 100% deserves compensation. Far beyond what she will get.

[Autonuaq]

10 minutes ago, animatic said:

Yes an'8 year old Thai orphan will ha e the presence of no d and knowledge to question a doctor, while simultaneously be run out if town by a witch hunt....

Poor kid has no reason to not believe she had it since almost every adult in her life believed she had it and showed fear at her very presence.

And 100% the doctors fault, he/she should have done multiple tests, and follow up, or sent a file with the poor girl as she was shunted off by dearly villagers. Doc dropped the ball and ruined the first 1/3 of her life.

She shouldered the stigma, but also the decade and a half cost of medication and drain on her life to pay for them, all for nothing. She 100% deserves compensation. Far beyond what she will get.

Well before you shoud to loud. There are still case of HUB that are unexplainable how the got the infection.

 

Before people start screaming around. I was involved in a research team that had looked in to few cases that still are today unexplained.

There are so many things we still not understand and also not gully understand the virus and other virus that are out there how the work.

As well why some people get sick and others totally not. Why some people recover fully for as far as we can tell they have beaten the virus.

 

Modern medicine does not even know the tip of the ice berg. And most comments here speak as if the know the whole iceberg.

 

[worgeordie]

Expect the response from the Hospital and Doctor,will be "it's a miracle",she had HIV

but we cured her, they will never take responsibility  for anything.good luck suing them.

regards worgeordie

[geriatrickid]

20 hours ago, JohnnyBKK said:

None of the actual HIV tests are 100% reliable. So none of the people diagnosted with HIV are sure 100% to have it.

Dangerous statement.   An initial positive  test is followed up by a 2nd  and even a third test.

Enzyme-linked immunosorbent assay (ELISAs) are never wrong when they show HIV+ status after 2 tests. There hasn't been one case of published error.  Initial tests can give a false positive, or can miss  the infection if the   patient  hasn't sero converted yet.

 

19 hours ago, YetAnother said:

hope she wins and gets big settlement

She was kept alive. Is that big enough?

 

18 hours ago, realenglish1 said:

There are people that had HIV and after a number of years on medication had been disease free  This may be the case and a defense the hospital will make I am sure of it 

 

They were not disease free. the disease came back.

[Khon Kaen Dave]

1 hour ago, Suzy said:

I do know what it's like to take the medication everyday. I have had HIV for the past 20 years and am very glad to be alive as I was given 12 months to live, possibly 24. I now take two pills a day and have no problems with health or side effects and lead a 'normal' life. Yes, I am very glad to be alive!

Good post. Sometimes we all need putting right, by an actual victim of a serious  affliction.Thank you and respect.

[Thingamabob]

So much we still don't know about HIV/AIDS. Years ago in Chiang Mai several air hostesses were wrongly diagnosed as having been infected resulting in at least one of them committing suicide. I had a friend in the UK who was wrongly diagnosed as positive following a bout of dysentery. I wonder how many others around the world are permanently on a medication they don't actually need. Big pharma very quiet on this subject. Surprise, surprise...

[Kabula]

55 minutes ago, animatic said:

Yes an 8 year old Thai orphan will have the presence of mind and knowledge to question a doctor, while simultaneously being run out if town by a witch hunt....

 

Not her fault. We can't superimpose our general knowledge on a preteen raised in a country where showing silent respect to all elders and especially those in power is paramount in life's scheme.

 

Poor kid had no reason to not believe she had it, since almost every adult in her life believed she had it and showed fear at her very presence.

 

And 100% the doctors fault, he/she should have done multiple tests, and follow up, or sent a file with the poor girl as she was shunted off by fearful villagers.

The villagers reaction is also indicative of how little chance she had of questioning the diagnosis. Zero at her age.

 

Doc dropped the ball and ruined the first 1/3 of her life.

 

She shouldered the stigma, but also the decade and a half cost of medication and drain on her life to pay for them, all for nothing. She 100% deserves compensation. Far beyond what she will get.

 

 

After practicing law for 30 years in my own firm I founded,  I don't see any competent trial lawyer taking this case.

 

You present a reasonable argument, but too many years have passed, combined with the fact lab testing is never 100% accurate, 100% of the time.  Liability on the part of the doctor is questionable.  Most doctors in similar cases get a defendant's verdict. 

 

 When a doctor gets a plaintiffs verdict, his professional malpractice liability insurance premiums many times become unaffordable and his  medical career is ruined. 

 

 A paralegal may retain this woman and promised her the moon, write a bunch of letters, and send her a nice bill, but the media will be more effective.

 

If your seeking justice anywhere in the world these days, you will not find it it most courts; perhaps in a short time room with a questionable sex worker!

Edited June 4, 2017 by Kabula

[Moonmoon]

22 hours ago, Mickmouse1 said:

It is  to the first time anyway.My friend who is a Celibate was WRONGLY  diagnosed with HIV P 3 YEARS AGO.She accused me of mounting her in her sleep as I am the only man who got close to her.Even though I am 100% healthy.what a <deleted> nightmare that was.?

so did you or did you not 

[rocketman777]

21 hours ago, RBOP said:

People really need to get education on this subject.

Yup - so you need to understand that HIV ' infection' is not a disease, its a theory that a virus causes AIDS, which is also NOT a disease but a condition that can lead to opportunistic diseases due to a compromised immune system.

[wow64]

23 hours ago, Borzandy said:

Are you joking, you should be happy to be still alive

Yes the hospital should in no way compensate her for the wrong diagnosis because we go to hospital and pay them to give the wrong life changing information.

[silent]

20 hours ago, bazza73 said:

How can an eight-year-old be diagnosed with HIV, unless incest was involved? Something doesn't add up.

What doesn't add up? 

[uptoyoumyfriend]

13 hours ago, whaleboneman said:

So an infected person can't pass it on if they are on meds? That was not my understanding.

when the infected person has an undetectable or nearly undetectable viral count  it is very unlikely they can pass mit on.this is how many countries plan to  eliminate the disease soon(without killing everybody infected).they plan on eliminating new infections.

[bazza73]

2 hours ago, silent said:

What doesn't add up? 

You don't get HIV off a toilet seat. It's transmitted by exchange of body fluids. The risk of getting HIV via sexual intercourse is 1000 times higher for a female than a man in a vaginal intercourse scenario. Different with anal activity. That's why it was originally called the gay disease.

The other sources of HIV infection are blood transfusions, and addicts sharing needles. Neither of which make sense for an 8YO girl.

The OP stated the father died of AIDS. As it turned out, the HIV diagnosis for the child was incorrect. What did not add up for me is an HIV positive diagnosis without any apparent attempt to identify the source of infection. Any epidemiologist will tell you source identification is a critical step in prevention.

[jaf3]

If she was indeed HIV+ and taking the medication, the test result could be showing an undetectable viral load which means the medications were working. Like others are saying, something missing from this article. 

[mommysboy]

3 hours ago, jaf3 said:

If she was indeed HIV+ and taking the medication, the test result could be showing an undetectable viral load which means the medications were working. Like others are saying, something missing from this article. 

The test is not diagnostic.  It is not even reliable, as can be seen here.  We are not talking about a 'litmus paper' result.  There should have been a whole batch of confirmatory tests, including a viral load test. 

 

I suppose if she tests positive again now that she has come off the meds, then your suggestion is right, but I assume this has already been discounted as an explanation.

 

To my mind, a very dodgy area of science.

Edited June 4, 2017 by mommysboy

[AlexRich]

On 6/3/2017 at 9:32 AM, Mickmouse1 said:

It is  to the first time anyway.My friend who is a Celibate was WRONGLY  diagnosed with HIV P 3 YEARS AGO.She accused me of mounting her in her sleep as I am the only man who got close to her.Even though I am 100% healthy.what a <deleted> nightmare that was.?

 

I doubt the Boys in brown would follow up on an "I was raped by Micky Mouse" allegation!

[drgoon]

Good luck with any compensation claim