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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 57390
Experience:  Licensed attorney helping individuals and businesses.
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In November, a close friend was diagnosed with HIV and was

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In November, a close friend was diagnosed with HIV and was put on treatment immediately. This morning he told me that he received a phone call from a clinic run by a large city (not sure if I should disclose the name of the city here) asking him to come in immediately to disuss the results of a blood test administered to him two years ago. When he asked if they were going to tell him that he was positive, they said yes. He has always gotten tested regularly, although usually rapid screens using a mouth swab rather than blood tests, which is less reliable so in my opinion it is completely plausible that the blood test from two years ago could be positive and the rapid screens could take awhile before showing reactive results.

I digress. My question is, was the city negligent in sitting on these results for two years, during which time he was getting sick a lot and didn't know why. He could have been on treatment years sooner and it's quite possible that his infection could have been much worse for him not being treated during that time, not to mention the fact that he didn't know that he had a status to disclose to sexual partners and could have been passing the virus without knowing, even with safer sex practices.

Does he have grounds for a lawsuit?

INFOLAWYER :

Negligence arises due to failure to exercise reasonable care resulting in harm

INFOLAWYER :

Here, delayed disclosure of results would trigger a claim

INFOLAWYER :

needless to say, timely report can lead to immediate treatment

INFOLAWYER :

in this field especially, the earlier the disclosure the better the results of treatment and the more options are available

INFOLAWYER :

A claim would be viable

INFOLAWYER :

and best pursued using a plaintiff lawyer on commission

INFOLAWYER :

who may reach out to negotiate initially and sue secondly

INFOLAWYER :

records should be obtained to help narrate the case and assist with the above.

INFOLAWYER :

A good resource for that is martindale.com and findlaw.com

INFOLAWYER :

The claim should be pursued without delay

Customer:

Thank you very much for your help.

Customer:

I'm trying to think if I have any other questions.

Customer:

I think that's pretty straightforward though.

INFOLAWYER :

good

INFOLAWYER :

wishing you best of luck

INFOLAWYER :

and a quick recovery - both financial and health for friend

INFOLAWYER :

Kindly rate the answer positively

Customer:

Thank you very much, I will be passing the information on to him today.

INFOLAWYER :

very welcome

INFOLAWYER :

Please click on a positive rating for the answer.
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