Compiled
and edited
by Martin Flynn
Positive man sues hospital over neuropathy
page 2 of 8
contents
of issue 79
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A patient is taking legal action against a north London hospital because
he suffered irreversible nerve damage after taking HIV medications.
The patient, who used to work as a psychiatric nurse, has been granted
legal aid and been given leave to proceed with a case of clinical negligence
against the North Middlesex Hospital Trust at the High Court.
He alleges that he has suffered from irreversible peripheral neuropathy
following treatment with anti-HIV drugs, which made him unfit to continue
working. He says that the hospital gave him no advance warning that the
drugs could possibly cause irreversible damage to the nerves of his hands
and feet.
The patient, who wishes to remain anonymous at this stage, is bringing
a case for assault against the hospital under the Human Rights Act sections
3, 4 and 14. He further alleges that he was treated with damaging medications
without giving formal consent.
HIV specialists remain divided about which drugs cause peri-pheral neuropathy
and why, but members of the nucleoside analogue group, particularly ddC,
ddI and d4T, are now thought to be particularly implicated.
The case is due to be heard at the Queens Bench Division in the Strand
this September, and could set a legal precedent if judgement goes against
the hospital.
The patient has already brought two cases against the hospital before
the British Medical Association's General Medical Council (GMC). In one
case, the hospital's
medical director was "reprimanded" for a breach of confidentiality in the
