Barbara Gayle, Staff ReporterThe woman's common-law husband who was severely traumatised by the diagnosis, has joined her in a negligence suit seeking compensation for damages.
Joan Morgan, a teacher, living in St. Catherine and Detective Corporal Cecil Lawrence, have sued the Ministry of Health and the University Hospital of the West Indies.
The claimants in the suit filed in the Supreme Court have outlined the emotional problems the misdiagnosis has caused them.
WRONG DIAGNOSIS
They said that in March 2003, blood was taken from Morgan at the University Hospital. Morgan who was pregnant at the time the wrong diagnosis was made, has since given birth to a healthy baby. The diagnosis was made between March and April 2003. The claimants said in their statement of claim, that the Ministry of Health or the National Blood Transfusion Services tested the blood taken from Morgan and negligently misdiagnosed her as being HIV-positive.
When they were informed of the result of the blood test, it caused a major strain on their relationship and caused emotional problems between them. The misdiagnosis caused them to stop having conjugal relations and caused them sleepless nights.
Deputy Solicitor General, Patrick Foster, who is representing the defendants said last week that the parties were in negotiations with a view to resolving the matter. The Attorney-General has been named as a defendant to the suit
"We are very happy that the Government has taken the proper approach to settling the matter," attorney-at-law Christopher Townsend, of the law firm Townsend, Whyte and Porter, said last week. Mr. Townsend who is representing the couple, said he hoped that compensation would be disbursed speedily because of the trauma his clients had faced.
Morgan and Lawrence said they both had suffered injuries, loss and damages. Morgan outlined that some of the injuries she suffered included frequent flashbacks with phobic behaviour; anxiety and depression specific to her alleged misdiagnosis; and post-traumatic stress disorder
specific to being misinformed that she was HIV-positive.
Morgan says further that she suffers depressive symptoms including tearfulness, appetite disturbance and insomnia. She says she has phobic avoidance responses to health care issues including pregnancy, hospitals and blood tests. She suffers from severe self-doubt and lack of trust and has flashbacks and vivid memories regarding fear and dying. She was sent to an AIDS support group after the diagnosis.
NERVOUS SHOCK
Lawrence said he suffered nervous shock and scorn from colleagues, friends and associates.
The claimants have tendered medical reports to support their claim. The Ministry of Health is accused of failure to properly collect, handle or store blood serum or plasma used. It is also accused of being negligent in using im-proper or incorrect testing methods and use of body specimens.
Some months after the diagnosis, a doctor at the University Hospital became suspicious when he noticed the reading in relation to the test results. The doctor advised Morgan to get an independent test. She did so and the results were negative.
Morgan was subjected to a further test when she filed the lawsuit. Lawyers from the Attorney-General's Department requested a further test and Morgan's blood was drawn at a laboratory in the presence of her lawyer and lawyers from the Attorney-General's Department. When the results were ready, the lawyers learned that they was negative.
