Barbara Gayle Staff Reporter "The Jamaican Gleaner" October 2005

A WRONG diagnosis two years ago, that a pregnant woman wasHIV-positive, is going to cost the Government a substantial sum in damages.

The woamn's common-law husband who was severly traumatised by the diagnoisis, has joned her in a negligence suit seeking compensation for damages.

Joan Morgan, a teacher, living in St. Cahterine and Detective Corporal Cecil Lawrence, have sued the Ministry of Health and the University Hospital of the West Indies.

The claimants in the suit filed in the Supreme Court have outlined the emotional problem the misdiagnosis has caused them.

WRONG DIAGNOSIS:

They said that in March 2003, blood was taken from Morgan at the University Hospital. Morgan who was pregnant at the time the worng diagnosis was made, has since given birth to a healthy baby. The diagnosis was made between March and April 2003.

The claimants said in ther statement of claim, that the Ministry of Health or the National Blood Transfusion Services tested thelood taken from Morgan and negligently misdiagnosed her as being HIV-positive.

When they were informed of the result of the blood test, it caused a major strain on their relationship and caused emotional problems between them. The misdiagnosis caused them to stop having conjugal relations and caused them sleepless nights.

Deputy Solicitor General, Patrick Foster, who is representing the defendants said last week that the parties were in negoitations with a view to resolving the matter. The Attorney-General has been named as a defendant to the suit.

"We are very happy that the Government has taken the proper approach to settling the matter," attorney-at-law Christopher Townsend, of the law firm Townsend, Whyte and Porter, said last week, Mr. Townsend who is representing the couple, said he hoped that compensation would be disbursed speedily because of the trauma his clients had faced.

Morgan and Lawrencesiad they both had suffered injuries, loss and damages. Morgan outlined that some of the injuries she suffered included frequent flashbacks with phobic behaviour; anxiety and depression specific to her alleged misdiagnosis, and post-traumatic stress disorder specific to being misinformed that she was HIV-positive.

Morgan says further that she suffers depressive symptoms including tearfulness, appetite disturbance and insomnia. She says she has phobic avoidance responses to health care issues including pregnancy, hospital and blood tests. She suffer from severe self-doubt and lack of trust and has flashbacks and vivid memories regarding fear and dying. She was sent to an AIDS support group after the diagnosis.

to be continued on next page:

NERVOUS SHOCK:

Lawrence said he suffered nervous shock and scorn from colleagues, friends and associates.

The claimants have tendered medical reports to support their claim. The Ministry of Health is accused of failure to properly collect, handle or store blood serum or plasma used. Is is alo accused of being negligent in using improper or incorrct testing methods and use of body specimens.

Some months after the diagnosis, a doctor at the University Hospital became suspicious when he noticed the reading in relation to the test results. The doctor advised Morgan to get an independent test. She did so and the results were negative.

Morgan was subjected to a further test when she filed the lawsuit. Lawyers from the Attorney General's Department requested a further test and Morgan's blood was drawn at a laboratory in the presence of her lawyer and lawyers from the Attorney Generals Department. When the results were ready, the lawyer learned that they was negative.

Wow... that is just horrible.. so what if this couple was suicidal? Well let's use this as an example and always get second opinion if possible. Something similar happened to my grand-ma.. doctor told her she had breast cancer.. and wanted to to cut her breast off. she got it checked by someone else.. and no cancer at all.

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When mi cum mi vibrate like a Nokia.

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I feel for that couple HOWEVER...... I, like Blingy, am wondering all of a sudden where did they come up with all these after-effects like these:
These are not just things she decided she was suffering all of a sudden. Those terms and ideas were put into her head by perhaps........a LAWYER!!!! We all know they need to beef up the case to make it sound better.

Nevertheless, yes they should be entitled to some kind of compensation due to the screw up but I'm with Blingy. Wouldn't you think there's more thoroughness involved in diagnosing someone with a fatal disease??

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Nobody can go back and start a new beginning, but anyone can start today and make a new ending.

The woman really was misdiagnosed. There really was a mistake made somewhere along the line which was caught by doctors reviewing her case. Sure she got a lawyer. I would too.

Don't believe all the hype in the newspapers though, they don't always carry the facts too well.

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"Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake." - Matthew 5 v11 KJV

Very waggish indeed.

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Depends on the circumstances. If the test was done at a lab, a doctor wouldn't necessarily be the one responsible. If the lab is a govt. lab, under the administration of the Ministry of Health, then you hold them responsible. Plus, the Ministry has fatter pockets than an individual.

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"Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake." - Matthew 5 v11 KJV

Very waggish indeed.