Jury Awards $18.4M in Failure to Test Case

Jury Awards $18.4M in Failure to Test Case

Recently a man was awarded an $18.4 million medical malpractice jury verdict. The verdict was based on the failure of the man’s doctor to test for HIV, despite the plaintiff’s risk factors that made him more vulnerable for contracting the disease.

At trial, the plaintiff presented evidence that the man was gay and had worked as a paramedic, which had routinely exposed him to potentially contaminated body fluids. Each of these factors increased his likelihood of contracting HIV. However, despite the fact that the plaintiff consented to the tests, they were not performed. When the tests were administered three years later, the results came back positive for AIDS. By that time, as a result of the advancement of the disease, the plaintiff had suffered brain damage and cognitive impairment, which ended his career. Shortly thereafter, he succumbed to the disease.

At the end of the trial, the jury determined that an internist, two doctors and a neurologist were all negligent in the care they provided the plaintiff.

The failure to diagnose and treat an illness is one of the more common forms of medical malpractice. The first step in treating a patient is taking the appropriate diagnostic tests. In this instance, the failure to perform the prescribed testing as set forth by medical protocol led to the man’s death, the jury determined.

For more information or if you believe that you or a loved one has been harmed as a result of medical negligence, please contact the dedicated San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.
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