treatments - issue 77
THE LONG STRUGGLE
FOR JUSTICE
positive nation

touch with a firm of solicitors that specialised in

medico/legal claims. The help I got from the Terrence Higgins Trust Legal Services team was superb.
It took almost four years to get my case to the High Court, with an endless exchange of statements and counter statements, claims and counter claims, allegations and denials. With quite a few "dirty tricks" by the Defendant, St Thomas's, along the way I might add. They sought to deny that I had even visited the patient at all, and claimed that I probably caught TB many years ago while working in Africa or on past holidays in Brazil or India. But I left Africa 16 years ago when diagnosed HIV positive, and it is proven that drug-resistant TB did not exist there at that time.
Without admitting the charges, they finally offered me compensation of £20K - later £30K - and finally £130K plus an apology, but they withheld admission of guilt. I was advised that such a considerable sum and an apology was tantamount to an admission of guilt on their part.
I reluctantly accepted the offer, as there was a real possibility that the Legal Services Commission would withdraw funding on the basis that I might be acting unreasonably. This would have meant going to the High Court on my own, without legal representation.
I took the case as a matter of principle, to prevent such a recurrence and to redress the injustice suffered rather than for financial compensation. I have now decided to form a charitable trust and use the money to help Aids in Africa. This will give me a purpose and plenty to occupy myself with, as I'm rendered technically unemployable!

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It gives me a new way forward in life. World TB Day is on 24 March 2002.

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