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HIV Patient DENIED Treatment - from BBC News Website

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Wed, 29/04/2009 - 6:01pm
John
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From the BBC News website, if you click any word in the story it will take you to the original page with a video interview with the gentleman concerned.

 

HIV patient 'denied treatment'
 

A man who alleged he was discriminated against because he was HIV positive has received £4,000 and an apology.

 

 

 

 

Tony Bell's court challenge to the standard of care he received from Craigavon Area Hospital was supported by the Equality Commission for NI.

 

 

Staff refused to perform an endoscopy on him and the Southern Health Trust said it was because of his HIV status.

The trust said that this was "entirely inappropriate" and it regretted the distress caused to Mr Bell.

Mr Bell underwent an alternative form of examination which was not completed until four months later.

 

“ I believe that they should have followed those procedures in my case and respected my dignity as a patient in their care ” 
Tony Bell

"The denial of this procedure, and the length of time involved in my treatment, created a great deal of anxiety and distress for me," he said.

"It was a period that caused me great worry about the state of my health.

"The hospital has confirmed to me that they have the facilities and appropriate procedures in place to perform endoscopy on HIV patients and I believe that they should have followed those procedures in my case and respected my dignity as a patient in their care.

"Thankfully my treatment has now been completed but I wouldn't want other HIV patients to go through a similar experience."

The trust, in settling the County Court case brought under the Disability Discrimination Act, apologised to Mr Bell for the injury to his feelings and distress experienced by him as a result.

It also agreed to undertake a review of any policies which touch upon the issue of service provision for HIV patients.

Stigma

 

"We have accepted that Mr Bell should have received his treatment without delay and have apologised to him for not providing the high standard of care that every patient has a right to expect," said the spokesperson.

 

"The trust is committed to treating all patients who need our help, and we have an excellent record in improving access to our services for patients with a range of disabilities. "

Equality Commission casework director Anne McKernan said people with HIV were given clear protection from discrimination under changes introduced in 2007.

"This change to the law was designed to break down the barriers of stigma, and fear which have prevented people with HIV from accessing many services, such as housing, education or, as in Tony Bell's case, appropriate medical services," Ms McKernan said.

"We are pleased the Southern Health and Social Care Trust has recognised this and agreed to liaise with the Equality Commission to review its practices and procedures and ensure they are effective and conform with the law."

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/northern_ireland/8023871.stm

Published: 2009/04/29 05:49:46 GMT

© BBC MMIX

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Wed, 29/04/2009 - 6:05pm
#1
John
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Treatment Denied.

I am extremely angry as you can imagine and will be writing accordingly. 

 

Given the gastrointestinal issues that face people with HIV either because of the virus or medication or both. Clearly this patients doctors felt it necessary for him to undergo an endoscopy.  One can only imagine what the impact may well have been in terms of adherence to medication etc... .

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Wed, 29/04/2009 - 11:43pm
#2
John
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Emailed the Hospital concerned & Equalities Commission

I have emailed the hospital concerned, three of the directors. No only to express my feelings on the matter but to ask them what safeguards are in place moving forward to ensure HIV+ patients are not stigmatised when it comes to treatment. 

I have also emailed the Equalities Commission caseworker to pass on support for Mr. Bell for taking his issue to the County Court.

 

On a forum thread I started on another site I would like to share one comment I made,

""This went to the county court as I understand it. I think its a shame that a settlement wasn't reached before Mr. Bell had to serve papers into the public arena disclosing his HIV.  You would imagine a complaints process at the hospital would have handled this better. Yes we should respond to this and strongly.  Often I encounter peers who fear public exposure of their HIV and this affects any challenge they may take, whether it be on a decision of a government body or private sector legal matter.


Maybe they hoped Mr. Bell's fear of exposing his HIV would be enough for him to end his claim before it became public.  I salute him personally.  He will hopefully encourage more to stand up for their rights.

So yes I think people need to respond we must always send out a strong message where stigma is concerned in my view.""

 

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Thu, 30/04/2009 - 12:54pm
#3
John
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HIV Patient story - Statement from NAT

As part of my emailing last evening I asked NAT for a statement,

"  Press Statement 30 April 2009

 

NAT WELCOMES LANDMARK DECISION TO GRANT COMPENSATION FOR HIV DISCRIMINATION IN HOSPITAL

Many cases of HIV discrimination go unreported

 

An NHS Trust in Northern Ireland has admitted that it was wrong to refuse a medical treatment (an endoscopy) to a patient with HIV, issuing an apology and providing £4000 in compensation.

 

Deborah Jack, Chief Executive of NAT, comments:

 

“This is a landmark case and we welcome the support provided by the Equality Commission of Northern Ireland to Tony Bell in taking his discrimination case to the County Court.    

 

Unfortunately discrimination such as this is common for many people living with HIV.  Research shows a third of people living with HIV have faced discrimination and a half of those cases were reported to be in health care settings.  It is shocking that the very services people should be able to count upon for care and support do not always provide it.

 

Tony Bell must be congratulated for having the courage to waive his anonymity to pursue his case. Many more cases of discrimination go unreported. 

 

Doctors, nurses, and all those working in healthcare settings must be educated about HIV.  People with HIV have the same right as everyone to be cared for and treated with respect.”   

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Fri, 01/05/2009 - 9:55am
#4
John
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HIV patients denied treatment for everyday illnesses -BBC

HIV patients 'denied treatment'

One of Wales' top sexual health doctors has warned that some patients with HIV are being denied treatment by GPs for everyday illnesses.

Dr Olwen Williams told BBC Wales' Dragon's Eye that some GPs referred HIV patients to hospitals instead of treating common complaints themselves.

More than 1,000 people in Wales live with the virus.

The British Medical Association denied discrimination but said some GPs may be overly cautious in referring patients.

Dr Williams claimed patients were experiencing "very subtle" discrimination.

"It might be when they go to the dentist and try and register, when they fill in the form they suddenly find there are no spaces on the list.

“ My concern here is that we've still got fear and prejudice and ignorance that's actually driving discrimination and stigma in Wales. ” 
Dr Olwen Williams, consultant in genito-urinary medicine

"Other things that are probably even more subtle is that they'll go to their GP, divulge they're HIV positive, with a complaint at the time that's very common that the GP should be able to deal with, but actually told they have to see their HIV physician for this condition.

"Of course that really denies them access to health care at a point where they actually need it.

"If I was someone with cancer and I went to a GP with a common cold and I was told 'sorry I can't deal with that' because I've got cancer I'd be so amazed - that's what our patients are experiencing."

"My concern here is that we've still got fear and prejudice and ignorance that's actually driving discrimination and stigma in Wales. And I think this is something major that we have to tackle," she said.

'Information and training'

Dr Andrew Dearden, the chair of the British Medical Association's Welsh council, said it would be "unprofessional and unethical" for a doctor to discriminate against someone because of any illness.

But he said some doctors might not always feel they had all the information and training needed to treat certain conditions.

"Remember that doctors always refer patients to other doctors or, for example, physios, when they feel there's a need for extra information, diagnosis, tests or treatment," he said.

"Generally you would expect GPs to treat those things within practice as long as they're confident those things are not serious complications of the disease."

A Terrence Higgins Trust spokeswoman said a recent study showed that around half of people with HIV who had faced prejudice or discrimination in the preceding year said it had been at the hands of a medical professional, usually a GP or dentist.

The charity in Wales has been campaigning for the Welsh Assembly Government to increase HIV training for those working in primary care and provide guidelines on issues like testing and referrals.

"At the moment Terrence Higgins Trust regularly has to intervene to help people given second class services because of their HIV status," said the spokeswoman.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/wales/8027953.stm

Published: 2009/05/01 07:38:36 GMT

© BBC MMIX 

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Tue, 12/05/2009 - 1:11pm
#5
anonymous (not verified)
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Refused UK Asylum seekers denied HIV treatment

April 01, 2009

The UK Court of Appeal has ruled that asylum seekers who are refused residency in the UK should not be entitled to free NHS treatment and care.

The ruling earlier this week overturns a previous judgement made in April 2008 that classified refused asylum seekers as UK residents and therefore entitled to the same free NHS treatment. This now means that all those wishing to access HIV treatment and care will have to pay for it. Despite this, refused asylum seekers who are already receiving medical treatment for HIV will still be able to continue such treatment for free.

The ruling could have dire implications for those who are unable to afford such treatment and who are unable to return home due to problems in their own native country. The decision by the Court does allow for hospitals to provide free treatment to individuals who cannot afford it. However as this is down to the hospitals own discretion it remains to be seen what affect the ruling will have on the thousands of refused asylum seekers’ access to vital HIV medicine.

(The Guardian, 31.03.09)

http://www.avert.org/ukaidsnews.htm

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Thu, 14/05/2009 - 2:52pm
#6
John
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Reply CEO Craigavon Area Hospital

 

 Dear John

Thank you for your email dated 29th April 2009.

As you will understand, I am unable to discuss the details of the individual case you raised due to the Data Protection Act and the Trust's responsibility to Mr Bell.

I do, however, want to assure you that the Trust very deeply regrets that Mr Bell was initially refused treatment.  I also wish to state that the Trust does provide treatment to patients with HIV and this isolated incident should not be taken as representative of Trust Policy.

The Trust publicly apologized unreservedly to Mr Bell and we are working with the Equality Commission in NI to review our policies and practices and have reiterated to our staff their responsibility to treat all patients equally.

Regards

Anne Balmer

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