Based on your post we don't know the following important facts: 1) did the patient ultimately get tested for HIV; 2) If so when and what were the results and 3) did the delay in his/her being tested affect the patients ability to be successfully treated. These questions are critical and I would be happy to discuss the case with you further. You can also use AVVO's "find a lawyer" option to find lawyers handling medical malapractice cases in your area.
The way to obtain a lawyer on Avvo is to search Avvo's "find a lawyer" for med mal lawyers, and call a few until a lawyer is willing to investigate your claim and order all your medical records and bills, and send to an expert who will ascertain whether there was a breach of the standard of care. Good luck to you.
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I am reading between the lines of your post. You seem to be alleging that you in fact had HIV, but it wasn't diagnosed because the doctor failed to test for it. Whether that could be the basis for a case depends on the consequences. If the diagnosis was made in a reasonable time thereafter and you were successfully treated despite the delay, it's not a strong case because the damages are not substantial. If you suffered severe consequences because of the delay, it might be a strong case. By all means call some medical malpractice lawyers and ask their opinion. Such calls are generally free. Just don't start off by telling them that you have a strong case. Tell them the facts, answer their questions and let them come to their own conclusions.
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If the patient in fact had HIV, the only potential case would be if it could be proven that any delay in the eventual diagnosis caused damages. In the case of HIV, one possibility would be if the patient ended up infecting another person between the time that the testing was to be performed and the time of the eventual diganosis, although such a claim would likely be brought by the person infected. It is difficult to tell from the information given if there were any damages.
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