HIV patient wins case after hospital denied treatment

A man who claimed he was discriminated against because he was HIV positive has received £4,000 and an apology. Tony Bell challenged a Northern Ireland hospital in court after staff refused to perform an endoscopy on him because of his HIV status. Instead Mr Bell underwent an alternative examination that was not completed until four months later. The Southern Health Trust said that this was "entirely inappropriate" and it regretted the distress caused to Mr Bell.

“I believe that they should have followed those procedures in my case and respected my dignity as a patient in their care,” said Mr Bell who was backed by the Equality Commission for Northern Ireland. "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 told the BBC. "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 review policies that affect service provision for HIV patients."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. "

People with HIV were given clear protection from discrimination under changes introduced in 2007, said the Equality Commission."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,” said the commission’s Anne McKernan. "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."

By Hayley Jarvis for SOS Children