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The NY Times this week presents an intriguing case study concerning an explanation for some misdiagnoses: stereotyping.
Dr. Danielle Ofri explained her experience with patient "Mr. S.", an ex-Rikers Island inmate. He had abused drugs throughout the 1980s and was serving time in the early 90s. In jail, Mr. S. had gone through the standard medical exams, which revealed that he had HIV, even though his T-cell (white blood cells that are attacked by HIV) count was normal.
Mr. S. was treated at Dr. Ofri's clinic after his release, where lab tests were difficult because his veins were ruined by drugs. Every year, he was given a blood test. Throughout this time, it was clear that despite ailments such as diabetes, hypertension, hepatitis C, and leg ulcers, Mr. S.'s immune system remained strong. Instead of questioning whether he truly had HIV, he was labeled, a "nonprogressor."
Several years later, a nurse decided to test directly for HIV again and the test came out negative. Mr. S. left the HIV clinic and was transferred to Dr. Ofri.
Dr. Ofri asked why the T-cell count convinced doctors that Mr. S. was a nonprogressor. Why had they not questioned the original examination's objectivity? Dr. Ofri concludes that it all has to do with medical professionals' biases. Mr. S.'s story is too perfect: a prison record, a drug-addled past, hepatitis C, and tattoos somehow indicate that he must logically have HIV, if the test says so. Unfortunately, this stereotyping has already cost Mr. S. much suffering and years that he will never reclaim.
Are there viable damages here? It's difficult to tell from the New York Times article although you can certainly make the argument that, assuming the initial test was inaccurate, he endured needless treatments over the years.
If you would like more information about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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