Lawsuit settled after HIV misdiagnosis by doctor

Free Consultation713-781-5200

  • SuperLawyers General
  • MMDAF logo
  • Million dollar advocates badge 1 1
  • abota bdg
  • 233 2331196 top 40 under national trial lawyers top 100
  • logo av
  • whos who
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023

When a doctor fails to listen and to follow standard procedures, it can result in serious harm to a patient, or even loss of life. Readers in Houston, Texas, should be aware that cases of misdiagnosis may occur when a doctor fails to admit a patient for emergency treatment, fails to diagnose and treat a heart attack, stroke or other ailment in a timely fashion, or fails to consider or diagnose known or probable complications. Recently, a $20 million lawsuit involving a misdiagnosis of HIV settled after seven years in court.

The misdiagnosis occurred as a result of a physician failing to carefully review the patient’s chart. The chart contained incorrect information, which indicated that the patient was HIV-positive, and the doctor counseled him to that effect. The patient became depressed, quit his job and began using drugs and alcohol. He was twice committed to psychiatric wards due to suicidal thoughts.

Although this happened somewhere else, a misdiagnosis can happen just as easily in Texas. They can cause substantial harm to patients and their families. When a person dies or is harmed as a result of a fatal misdiagnosis or delayed diagnosis by a negligent physician, financial compensation for medical negligence is available under Texas law. Surviving patients or families of the deceased can pursue a medical malpractice lawsuit against a physician or hospital to obtain compensation for damages sustained as a result of misdiagnosis, delayed treatment or other negligence in a patient’s care and treatment.

To prevent future harm and loss of life to those in need of medical care, it is important that physicians are held accountable when they disregard a patient’s symptoms or fail to make a proper diagnosis. Patients should also be aware of their rights to get more information from their doctor.

Source: The Washington Post, “Suit over wrong HIV diagnosis settled between ex-patient, Whitman-Walker,” Keith L. Alexander, Aug. 10, 2012

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

August 4 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

✓ Fact Checked