Wife given HIV by husband awarded $727,000

[Guest guest]

Dear All,

Interested People of India please read the following this because it should

be prophetic - Geoff.

__________

Wife given HIV by husband awarded $727,000

By Leonie Lamont. June 11 2003

A Sydney woman who contracted HIV from her husband has successfully sued

the medical practice where the couple received pre-marriage testing for

sexually transmitted disease, with the Supreme Court awarding her $727,000.

But while finding two doctors at the practice were negligent, Justice

Jerrold Cripps has upheld doctor/patient confidentiality, affirming that

doctors cannot be sued for damages by maintaining the confidential

relationship.

However, they must safeguard their patients through proper counselling

protocols and, if necessary, notify the Director General of Health - who

has the power to breach confidentiality and directly warn someone they are

at risk of infection.

The woman, now in her late 20s, sued doctors Harvey and King Weng

Chen of the Alpha Medical Centre at Marrickville. In November 1998 she and

her then fiance - in Australia on a visitor's visa - had a joint

consultation.

The practice declined to give her his results, which were positive for HIV

and hepatitisB.

Then, in what the judge said was " despicable conduct " , her fiance deceived

her that he was negative by showing her a doctored lab result. She only

discovered his positive status when she found the true laboratory report 15

months later - shortly before the birth of her child.

The woman's lawyer, Hirsch, said the legal victory could save lives.

" I think she has done a remarkable job, " he said. " She's an incredibly

brave lady ... she feels the judgement has vindicated her, and she is

pleased she had the nerve to take on the medical profession in a case like

this. "

The judge found there was inadequate information given at the initial

consultation, and Dr Chen's post-test counselling of the fiance " fell far

short of that expected of a competent medical practitioner " . They had not

followed up on the man's failure to keep an appointment at an HIV clinic;

nor sought advice from HIV specialists - or their insurer - about what

action they should take.

Justice Cripps said councillors found people with infectious sexual

diseases went through processes of anger and denial, but with proper

counselling, encouragement - or coercion - ultimately informed their

partner. If not, the Director General of Health had power to act.

" Had the process of counselling been properly commenced before the end of

1998, the woman, more probably than not, would have become aware of the HIV

status of [her partner] ... well before August 1999 when she became

infected, " he said.

He said the woman had " lost the expectation of life " , and awarded her

$205,000 in general damages. He found it most likely she would experience

the onset of AIDS in 2014, and death in 2016. He made an allowance of

$100,000 for the future care of the woman's eldest child, but not a second

child she has since had with another partner. The children are HIV

negative.

from the Sydney Morning Herald's website

http://www.smh.com.au/articles/2003/06/10/1055220601072.html

______________________

Geoff Heaviside

E-mail: <gheaviside@...>