If you believe you may be a victim of a medical error,

I suggest you contact an attorney and seek their legal advice.

If wondering your a victim of a medical error,

the list below have shown interest in the

HIV Misdiagnosis Case of Bobby Russell.

Obrien Injury Law



Kentucky Man sues doctors and

others after misdiagnosis of HIV


It would be hard to imagine what it would be like to believe you were  living with HIV for eight years, and then suddenly learn you never had the virus. That is exactly what happened to a 43-year-old man from Kentucky, though. He was misdiagnosed back in 2004 after a visit to the emergency room. He was told he had HIV, the virus that causes AIDS, and then he wouldn't learn otherwise until August 2012. As a result, he is suing the University of Kentucky Medical Center and several physicians, as well as the Fayette County Health Department and the Bluegrass Care Clinic. Continue reading ...​​

Kentucky Injury Attorney

Miller & Falkner




University of Kentucky Tries

to Dismiss Medical Malpractice

Suit By Man Who Claims He Was Misdiagnosed With HIV Eight Years Ago


In Kentucky, When filing a medical malpractice lawsuit, the injured party can file against not only physicians or nurses, but also any health care provider licensed or certified to provide treatment or medical services. Under the doctrine "vicarious liability," Under the doctrine "vicarious liability" medical employers can be sued as well as medical staff as long as the disputed actions took place within the scope of the staff's regular duties. 


Those who file medical malpractice lawsuits typically argue: (1) the medical staff involved had a duty of care to patients to act reasonably according to the standards of the profession; (2) the medical staff breached that duty by behaving unreasonably; (3) the breach caused the injury; and (4) the injury resulted in damages. Kentucky has what is called a "pure comparative negligence" system, which means that an injured party can collect a monetary award even if the injured party is partially at fault. Unlike many states, Kentucky does not place a limit on the amount of economic, noneconomic, and punitive damages that can be recovered. If you live in Kentucky and have been injured by medical staff, contact a Kentucky medical malpractice attorney to find out more about what you can do.


Hodes Milman Liebeck, LLP



U.S. Veteran Suing Hospital

due to HIV Misdiagnosis


The Huffington Post reports that Bobby Russell, a 43-year-old U.S. Veteran living in Lexington, Kentucky, is suing the hospital that allegedly misdiagnosed him as HIV positive. The University of Kentucky Medical Center (UKMC), the Bluegrass Care Clinic, the Fayette County Health Department all stand accused of medical negligence in the lawsuit. Continue reading ...

Sullivan Papain Block

McGrath & Cannavo

New York, New York



Man who was misdiagnosed with HIV suing for compensation


Residents of New York are taking note of the case of a military veteran who was misdiagnosed as HIV-positive nine years ago. The alleged doctor error was discovered when a man sought confirmation of hsi diagnosis as part of his application for veterans benefits.


The 43-year-old veteran has filed a lawsuit against several organizations, including the University of Kentucky Medical Center and the Fayette County Health Department. He received the initial diagnosis that he was HIV-positive in 2004. However, because an HIV test he had taken earlier came back as negative, a third test was ordered. Although the final test did not show that he was HIV-positive, doctors did not inform the man of this result.


The error was discovered when the Veterans Administration requested a copy of the tests the man had received confirming his AIDS diagnosis. Instead of finding confirmation that he had HIV, the search revealed no test results showing he was in fact HIV=positive. The lawsuit maintains that the man was not treated to the standard of care. continue reading ...

Downing Post and News

Washington, D.C.


by John Smith


Veteran Misdiagnosed, Only

Caught When VA Benefits



Bobby Russell spent almost 9 years believing that

he sick. During that time he intentionally distanced

himself from his family. He planned any paid for his

funeral. During that time he was heavily medicated

for treatment for HIV. It was when he tried to get benefits through the Veterans Administration that he found out that he was misdiagnosed, after the 2004 test that resulted in a positive result a "confirmatory  test" was ordered and the results were negative.  However the doctors relied only on the one positive test. Continue reading ...

The Colloeran Firm



Hospital's wrong HIV Diagnosis

could yield large payout


A man, and former veteran, is suing a hospital after he was allegedly misdiagnosed with HIV. The alleged wrongful diagnosis happened in 2004 when the hospital ordered a series of HIV tests. The first test came back positive for HIV. However, the second test, a more specific test came back negative. The lawsuit stated that even though the results of the second test came back negative, the doctors proceeded to inform him as to how he can cope with the illness as well as told him that he should begin treatment for the virus.  Continue reading ...

Serving as Local Counsel

Kevan Morgan

Morgan Law Office, PLC
130 N. Hamilton Street Suite 101
Georgetown, Kentucky 40324


Telephone: (502) 570-4701 during the hours of 8am to 5pm, M-F.

Wilson & McQueen







University of Kentucky (UK) administrative officials maintain their position that Russell had not been mis-diagnosed. But Russell said that in 2004 he was told by UK doctors that he was HIV positive. He has now seen test results that say he is negative for HIV.


The judge in charge of the case is still in the process of determining if the case can proceed, and is currently examining all the evidence.


Russell's attorney, Kevan Morgan, said that what they most hope for is to get their day in court, but if the statue of limitations bars the case from proceeding "then we'll have to address it there but we hope the case goes forward. Continue reading ...



The Lawrence Firm, PSC Attorneys at Law

Kentucky & Ohio

Hospital Errors



A U.S. veteran from Kentucky was allegedly misdiagnosed with HIV in 2004. Since the diagnosis, the man has been on powerful medications, felt suicidal and has been with HIV-positive partners. The misdiagnosis was allegedly the result of a string of hospital errors. Continue Reading ...

Blogs published by firms listed by state

Serving as Lead Counsel

Jonathan C. Dailey

Law Office of Jonathan C. Dailey, Esq.
1101 30th Street, NW, Suite 500
Washington, D.C. 20007


Phone: (202) 625.4348 during the hours of 8am to 5pm, M-F or call us on 24/7 after hours at (202) 368.7788

Medical Malpractice Lawyers


Kentucky Medical Malpractice

Lawsuit Claims Misdiagnosis of HIV


Imagine being told that you are HIV-

positive  and then living with the stigma

of HIV and taking the HIV drug cocktail

known as HAART ("highly active antiretroviral therapy") in order to prolong your life before being told eight years later that you had been misdiagnosed as having HIV. That is what a 43-year0old Kentucky man endured before finally beingtold in August 2012 that confirmatory HIV testing was never done and that his HIV diagnosis in 2004 was wrong (an infectious disease specialist advised him in December 2012 that no one had ever performed the required confirmatory testing regarding his HIV status).


If you or a loved one were misdiagnosed with HIV (told that you were HIV positive when you were not), you should promply seek the legal advice of a local medical malpractice attorney in your state who may investigate your medical malpractice claim for you and represent you in a malpractice lawsuit, if appropriate. Continue reading ...



Dallas & Houston, Texas

Tampa, Florida


Man files Medical Malpratice Lawsuit

over Wrong AIDS diagnosis


Russell filed the suit in August in Fayette County Circuit Court. He says he spent 8 years believing that he had HIV as he was diagnosed incorrectly in 2004 when he visited the UK Medical Centre emergency room for getting treatment for heavy bleeding from his colon. A previous routine test conducted by the department of health had returned negative for HIV.


In 2012, Russell realized that he hadn't the virus following a test done in August of that year at the Bluegrass Care Clinic. After receiving the wrong diagnosis, Russell focused mainly on treatment and took a lot of medication as he was really afraid that he would die, the suit says. Russell says he engaged in sexual relationship with 3 HIV positive partners since his diagnosis.


Another man sued a clinic in Washington D.C. in a very similar case after receiving a wrong diagnosis. A settlement was reached in this case in 2012 following a unanimous ruling by the Appeals Court that medical patients can definitely seek recourse via court if they have given wrong info from their physicians regarding a life-threatening disease for all their emotional pains. Russell's lawsuit does not specifically ask for damages for his emotional distress. However, it is included in his demand for compensatory damages, Russell's attorney said. Continue reading ...



by Jennifer Keel



Man Files Medical Malpractice

suit due to Misdiagnosis


A 43 year-old-man in Lexington, Ky.,

has filed a medical malpractice lawsuit

against a medical center that he said

diagnosed him with HIV and administered HIV treatments even though he never actually had the virus. 


Bobby Russell said doctors misdiagnosed him in 2004 and wrongly gave him treatments, which included a "an extensive medication regimen," for the potentially fatal virus that can lead to AIDS over a period of nearly eight years, the Herald-Leader reported.


The University of Kentucky Medical Center, The UK-affiliated Bluegrass Care Clinic and the Fayette County Health Department are named as defendants in the suit, which seeks compensatory damages. Continue reading ...

Find Law


by Brett Snider



Veteran Misdiagnosed with

HIV Sues Hospital


A Kentucky-area veteran is suing a hospital that treated him nine years ago claiming that the medical provider misdiagnosed him with HIV in 2004. Bobby Russell, 43, has been taking medication to combat HIV ever since a doctor at the University of Kentucky Medical Center (UKMC) diagnosed Russell as HIV-positive, despite the fact that other tests had come up negative, reports the Huffington Post.


Misdiagnosing someone with a life-threatening disease is not only an appalling medical mistake, but most likely medical negligence. Continue reading ...

Attorney Blogs​

Neogaf Forum





Gay Man Diagnosed With HIV,

Only Has Sex With HIV+ Men

for 9 years, OOPS - Misdiagnosed


Participate in Forum click here ...  



Ragain Law Firm




Man sues hospital for

hiv misdiagnosis


Being diagnosed with a serious illness or disease is a life altering event for a person and the individual's family. Most people expect their healthcare provider and hospital to provide a reasonable standard of care. However, there are times when a doctor may negligently misread a result, a laboratory may get a false positive ora hospital may mix-up paperwork leading to a misdiagnosis. Such an event can have a detrimental physical and psychological impact on the patient and their family. 


Montana residents may find it interesting to learn that recently a 43-year-old U.S. veteran filed a medical malpractice lawsuit to sue a hospital that allegedly misdiagnosed him with HIV. According to his suit, in 2004 the hospital's infectious disease clinic indicated that he was HIV-positive. The man questioned the result and stated that an earlier result was negative. The hospital ordered a second test confirmatory test. The second result came back negative for both HIV-1 and HIV-2. However, despite the negative result, the 43-year-old man's doctors indicated he should begin treatment for HIV and provided him with information on how to cope with HIV.


The man relied on his doctor's expertise and information and began a HIV drug regimen which included taking nearly 15 pills a day and using a well-known HIV drug treatment drug AZT - laboratory experiments have shown AZT to be carcinogenic. Further, the 43-year-old indicated that as a result of his HIV-positive status, in the last nine years or so he had sexual relationships with HIV-positive persons. Continue reading ... 

Benninger Injury Law​

Nationwide, Pennsylvania, &

West Virginia



... if it ultimately turns out to be a relief in some  respects,

a misdiagnosis and a  resulting mistake in prescribing a drug

can  leave a patient in a worsened condition and suffering

severe emotional scars. These patients should be able to get compensation for their damages. A person facing a similar situation of misdiagnosis or surgical errors may be entitled to compensation for damages. It's important to get help for injuries due to doctor error, while taking the appropriate steps in order to hold the medical facilities and staff responsible for the resulting damages. Continue reading ...

Sheff Law

Personal Injury Lawyer Blog







The case was filed in Fayette Circuit Court in August. Russell was treated for eight years before he found out he never had the disease in 2004. When Russell was seen at the UK Medical Center emergency room for profuse bleeding from the colon, a routine test came back negative for HIV. He was tested again at the Bluegrass Care Clinic in August 2012, getting confirmation he never had the virus.


Russell unnecessary underwent years of "an extensive medical regimen" because "he was afraid he was going to die," according to the lawsuit.


"The fact is that the standard-of-care-protocol methodologies for HIV testing were never done," his attorney said. "By failing to follow the standard protocol, and telling him that he was HIV positive, telling him that could only have relations with HIV-positives, then that damage has been done. You can't take that back. That's the critical part of this case."


The plaintiff has been in three sexual relationships with HIV-positive partners since his misdiagnosis. He says he has been in a committed relationship with an HIV-positive partner for the past two years.

Continue reading ...

Greenville Medical Malpractice 

Melvin Law Firm

North Carolina



U.S. veteran files suit

for HIV misdiagnosis


In September of 2004, the man received a positive

HIV diagnosis; however, he questioned it, stating

that a previous test had been returned as negative.

In spite of the negative results from a confirmatory

test, doctors gave him information regarding treat-

ment as well  as how to cope with the diagnosis. The lawsuit alleges that his doctors never reviewed the results of the confirmatory test; therefore, he was diagnosed incorrectly. The HIV misdiagnosis carries a high risk, especially because he was put in direct danger of contracting the virus through one of his sexual partners. In addition, the psychological stress has made him contemplate suicide.


Misdiagnosis of diseases can have profound consequences. Because the doctors allegedly failed to diagnose this man properly, he may have to suffer from health issues that he would not normally have to face. North Carolina residents who believe they have been misdiagnosed may benefit from the services of a skilled medical malpractice attorney. A lawyer might be able to explain the law as well as offer options in order to attempt to obtain a favorable result. Continue reading ...