Consultants watch HIV infection lawsuit

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The IHCA has said it is "following with interest" the case of a trainee surgeon who claims he contracted HIV during the course of his work duties and is now suing in the High Court for damages.

The trainee, who stated he had been near to securing a consultant post, has told the Court that during the three months prior to being diagnosed with HIV in 1997, he operated on more than 100 patients, sustaining numerous needle-stick injuries in the period, but could not be specific about when he was infected.

Asked if the matter could serve as a test case and have implications on current arrangements for HSE staff including consultants who contract bloodborne viruses in the line of duty, IHCA Assistant Secretary General Mr Donal Duffy last week told IMN that although the trainee was not a consultant, the issue of bloodborne viruses and infection applied to all HSE staff.

“I would not say that [that the legal action could be a test case] until we see the outcome of the case and we might have to consider what implications that might have on the arrangements in place. The issue is sub judice at this moment so we would be reluctant to speculate,” he said.

The case has been adjourned to April.

Meanwhile, the IHCA has said it is now aware of 95 consultants who have been refused indemnity cover by the MDU (Medical Defence Union), UK, despite being full members.