A man was recently awarded $18.4 by a federal jury in a trial that lasted just eight days. In question was whether or not doctors were negligent in failing to test for and diagnose the patient with HIV in a timely fashion. Three years after he believed he should have been tested, he found out he was HIV positive and that the infection had developed into AIDS. With earlier diagnosis and treatment it may not have progressed to this very serious disease.

Failure to Diagnose HIV

The case began in 2007 when the patient, Sean Stentiford, saw doctors at Lahey Hospital and Medical Center in Burlington, Massachusetts because he had signs of facial paralysis. A resident told Stentiford that he should be tested for HIV, and Stentiford signed a consent form, assuming he would be tested. The doctors named in the trial cancelled the test, writing in the patient’s medical record that there was no risk that he had HIV.

Stentiford was not told the test was canceled. When he saw his primary care physician for a follow up to discuss his tests, he was told that they were all fine. Because he thought he had been tested for HIV, Stentiford believed he was negative. It wasn’t until three years later, as symptoms worsened, that he was finally tested and found to be not just positive for HIV but to already have AIDS.

Without treatment the infection had developed into AIDS, which severely compromises the immune system and can lead to opportunistic and fatal infections, like pneumonia. Stentiford also suffered brain damage from not being treated and became unable to work in his career as a lawyer.

The Jury’s Decision

The federal jury who heard arguments on both sides agreed that there were three doctors from the hospital who acted negligently. They had the information from Stentiford’s file that he was gay, and they canceled the HIV test without telling him. The jury believed that he deserved compensation for the failure to diagnose, the worsening of his condition, pain and suffering, emotional distress, and the loss of wages from being unable to work. They awarded him $18.4 million, which the hospital’s legal team plans to appeal.

The Standard of Care for HIV Testing

According to the Centers for Disease Control and Prevention (CDC), every person between the ages of 13 and 64 should be tested at least once for HIV. For men who are gay, bisexual, or who have sex with other men, the CDC recommends having a test done every year. Because the doctors in this case knew that the patient was gay, they should have been following the CDC guidelines and making sure he was tested for HIV. This, and the fact that they did not notify Stentiford that his test had been canceled, amounted to enough proof for the jury to find the doctors negligent.

This case demonstrates just how important it is for doctors to follow appropriate standards of care, to follow recommended guidelines for testing, to read patients’ files for all information, and to inform patients when tests are not canceled or not recommended. Stentiford suffered from being unaware, through no fault of his own, that he had developed this serious infection. If he had known, he could have received treatment and likely would not have AIDS now.