A client was diagnosed positive through a blood test by a hospital with a life threatening syndrome on par with that of HIV.
They then had to go through many tests, as well as the trauma that there life may end in within years, as they had already lived past the expected life expectancy for those with the syndrome. Also being told that their offspring have a 50% chance of having the syndrome. The client only found out they were negative a year later when the hospital asked to take another blood test.
It turns out the hospital screwed up the samples, and have sent a letter admitting that it was there fault, and that they should never have been told they had the syndrome. The client is still taking antidepressants’ and regular counselling as a result from the trauma from the initial positive testing.
Can the client sue for this in Australia? under what grouds? and if so what amount. Also have you seen any cases like this in Australia?
They then had to go through many tests, as well as the trauma that there life may end in within years, as they had already lived past the expected life expectancy for those with the syndrome. Also being told that their offspring have a 50% chance of having the syndrome. The client only found out they were negative a year later when the hospital asked to take another blood test.
It turns out the hospital screwed up the samples, and have sent a letter admitting that it was there fault, and that they should never have been told they had the syndrome. The client is still taking antidepressants’ and regular counselling as a result from the trauma from the initial positive testing.
Can the client sue for this in Australia? under what grouds? and if so what amount. Also have you seen any cases like this in Australia?