2013 September 18
UK Hospital asks judge to dismiss Lexington man's malpractice lawsuit for HIV diagnosis
The University of Kentucky Medical Center and several other medical providers have asked a Fayette Circuit Court to dismiss a lawsuit filed by a man who said he was misdiagnosed in 2004 with the HIV virus that causes AIDS.
In a response filed Tuesday, UK medical officials contend that the factual premise of Bobby Russell's medical malpractice lawsuit is wrong; undisputed medical evidence shows conclusively that Russell suffered from HIV.
The defendants said in Tuesday's filing that Russell was correctly diagnosed with HIV, or the human immunodeficiency virus, when he went to the University of Kentucky Emergency Department on September 17, 2004. To continue reading article, follow link here.
A recap of 2013's biggest stories in Lexington and rest of Kentucky
September: Bobby Russell got HIV treatments for almost eight years. But in a lawsuit, he claims he had been misdiagnosed and never actually had the virus that causes AIDS. The 43-year-old Lexington man sued doctors and others at the University of Kentucky Chandler Medical Center, the UK-affiliated Bluegrass Care Clinic and the Lexington-Fayette County Health Department for medical malpractice. UK medical officials dispute his claims of misdiagnosis, saying that he received proper treatment for HIV and that's the reason tests show the virus is suppressed.
Read more here:
Veteran's lawsuit says doctors misdiagnosed, treated him for HIV
Jonathan C. Dailey, the Washington D.C. lawyer who represents Russell, said no one ever conducted a full spectrum of tests for HIV.
“The fact is that the standard-of-care-protocol methodologies for HIV testing were never done,” Dailey said. “By failing to follow the standard protocol, and telling him that he was HIV positive, telling him that he 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.” Continue reading article here.
Bobby Russell, 43, told LEX18 News he has lived the last nine years believing he was HIV positive. During that time, he has taken powerful medications and only had intimate relationships with HIV-positive people, to avoid spreading the disease, he said.
It's just the most difficult thing I've had to deal with my entire life," he said.
A Lexington Man claims doctors
at UK told him he was HIV positive
and that he found out nearly
a decade later, he wasn't.
UK has maintained all along he
wasn't misdiagnosed. Regardless,
he'd trying to sue doctors for medical malpractice.
A Judge has to decide if it's too late. Contine reading or click this link to video of ABC NEWS 36.
A Lexington man thought he was HIV positive and that he would eventually die from it. He thought that because he said doctors told him that. A decade later he now said he never had HIV at all.
According to Bobby Russell, he upended his life in order to live HIV positive. He said he avoided his family and friends, started a strict regimen of powerful medications and even planned for his own funeral. Now, he's said it was all for naught. Continue reading or click this link to video of ABC NEWS 36.
A big court ruling involving a Lexington man who claimed UK doctors mistakenly told him he was HIV positive only to find out nearly a decade later, he wasn't.
The question before the court: was the suit filed in time?
Fayette Circuit Judge Thomas Clark said it has been too long for Bobby Russell to sue for Medical malpractice. To continue reading and to video, click this link to ABC NEWS 36.
by Greg Kocher
Veteran's lawsuit says
treated him for HIV
Bobby Russell received HIV treatments for almost eight years before receiving a shocking diagnosis: He never actually had the virus that causes AIDS.
Now the 43-year-old Lexington man is suing the doctors and others at the University of Kentucky Medical Center, the UK-affiliated Bluegrass Care Clinic, and the Fayette County Health Department for Medical malpractice. Continue reading ...
Top 10 veterans stories
Veteran's lawsuit says
treated him for HIV.
Bobby Russell received HIV treatments for almost
eight years before receiving a shocking diagnosis:
He never actually had the virus that causes AIDS...
... The veterans dministration had always said,
"You give us a confirmatory test and we'll start
these benefits for you," Russell said. "But nobody
had a confirmatory test result to provide me to give to the Veterans Administration." Continue reading ...
by Hunter Stuart
Bobby Russell, U.S. Veteran,
files lawsuit claiming HIV
A U.S. veteran living in Kentucky is suing after a hospital allegedly misdiagnosed him with HIV in 2004. Since then, Bobby Russell, 43, has taken a powerful cocktail of drugs to combat the virus, has struggled with suicide and has had sexual relationships with HIV=positive partners.
"From 2004 until the present day, they never tested him properly for HIV according to the standard-of-care," Russell's lawyer, Jonathan C. Dailey, told the Huffington Post over the phone Tuesday morning. "He had some immune deficiency issues going on, but it wasn't HIV."
Dailey explained the grave risk such a misdiagnosis carries, saying that Russell may have contracted HIV from one of his HIV-positive partners he dated after his diagnosis. He also said that Russell doesn't know if he contracted HIV over the past nine years. Continue reading ...
Lexington man's lawsuit says doctors misdiagnosed, treated him for HIV
... Russell, 43, claims the defendants were negligent in misdiagnosing him and negligent in failing to order the appropriate tests for HIV.
“I feel like I was sentenced to a crime I wasn’t guilty of,” Russell said in an interview. “I have intentionally put distance between my family and my friends because I thought I was dying, and I didn’t want my family to see me dying. I didn’t want my nieces and nephews see me deteriorating. I thought I was dying…
“Emotionally, mentally, it destroyed me. It just destroyed me,” Russell said. “In 2009, when things got really bad for me, suicide was a strong option for me.”
Read more here.