A SURGEON who claims he contracted the HIV virus during the course of his duties has brought a High Court action for damages.
During the three months prior to being diagnosed with HIV in 1997, the surgeon said he operated on more than 100 patients, but could not be specific about when he was infected. “I just knew I had sustained numerous needle-stick injuries, and unfortunately one of them got me.”
He said he had to use various sharp implements at work. Latex gloves worn by him and other doctors were easily perforated by such instruments, and by bone. He had to use screws, saws and chisels.There was potential to be contaminated with blood from wounds.
The plaintiff said he discovered he had the virus after a flu-like illness. He underwent blood tests and received the HIV diagnosis from another doctor in 1997. “I honestly did not expect what he told me. My life stopped that day.”
The surgeon has brought his action against the hospital where he worked, the Minister for Health and the Attorney General. Mr Justice Vivian Lavan has directed that neither the surgeon nor the hospital may be identified.
Among claims in the case is that absence of mandatory screening of hospital patients for HIV exposed the surgeon to a risk of harm.
The case has been adjourned to April to allow the plaintiff consider new evidence for the defence. When diagnosed with HIV, he said he was compelled to give up his duties. He had been near to securing a consultancy.
He and his wife had not been ready to have children earlier in their marriage, he added. Martin Hayden, for the surgeon, said he contracted the disease through no fault of his own while performing his duties. In reply to Padraig McCartan, for the State, the surgeon said he had not reported needle-stick injuries because, if he did, there was a suggestion of exposure and he would be removed from operating for a period.