Delay in Blood Test Results Led Client to Believe He Had HIV For Nine Months

Client Receives Compensation for Delay in Medical Results
LLB (Hons) Nimish Patel
Case by: LLB (Hons) Nimish Patel Updated:

Our Client’s Background

Our client found himself experiencing multiple cases of negligence while serving a two-year sentence for blackmail. Within the initial weeks of his incarceration, he was subjected to an assault by a violent cellmate, resulting in a broken nose. This injury was left unaddressed until his eventual release. Furthermore, while incarcerated, our client underwent a blood test in December 2019. Despite the results being available on December 8th, the information regarding his HIV-positive status was withheld from him. This lack of disclosure marked the beginning of a series of neglectful actions that resulted in his suffering.

This delay in blood test results underscores the importance of timely and transparent healthcare practices within correctional facilities.

Delay in Blood Test Results

Upon transferal to another prison, the client approached a nurse on January 21st, 2020, seeking information about his health status. During this encounter, the healthcare provider informed him of his HIV-positive status from the earlier test and subsequently added him to an HIV nurse list. Despite requesting for a retest to verify the results, no further action was taken.

Frustratingly, the client’s pursuit of clarity regarding his health status continued to be obstructed. His blood test results were repeatedly delayed and mishandled, adding to his frustration and uncertainty. It wasn’t until November 19th, 2020, that confirmation was given that he was, in fact, negative for HIV, nine months after initially being informed otherwise despite requests for information being made and a set of results going missing so needed to be repeated.

Throughout this ordeal, the client endured psychological torment, suffering nightmares about his family’s potential reaction and grappling with the fear of death due to HIV. As a result, our client suffered from poor mental health whilst in his cell and unable to speak to anyone about it. This led to his withdrawal from taking part in football matches In the yard or any social activity with other inmates, exacerbating his already challenging prison experience.

AWH Solicitors Intervention

Recognising the gravity of the client’s situation, AWH Solicitors, represented by Nimish Patel, took action to pursue justice on his behalf. Leveraging their expertise in personal injury and negligence cases, the legal team gathered evidence, building a compelling case highlighting the significant negligence and emotional distress inflicted upon the client during this testing time which continued after his release as he had constant nightmares.

The release of his medical records showed the lack of communication between the prisons and the medical units. Even after he was released, he was not provided with adequate counselling until this was arranged by AWH.

The initial psychological assessment was difficult for the Claimant as he was still suffering from the flashbacks and nightmares related to the results and therefore we needed to discuss the effect It was having on him In order to assist realise the full extent of his claim. The therapy has now helped him to  readjustto his  life now with his family.

Outcome

The diligent efforts of AWH Solicitors resulted in the client receiving £6,500 in compensation for the suffering he endured during his incarceration. This victory not only provides a measure of closure for the client but also serves as a testament to AWH Solicitors’ commitment to securing justice for those wrongfully harmed.

Hear more about the member(s) of our team featured above:

  • Nimish Patel - Senior Associate Solicitor/Team Manager
    Nimish Patel Senior Associate Solicitor/Team Manager view profile