UK has maintained all along he wasn’t misdiagnosed. Regardless, he’s trying to sue doctors for medical malpractice.
A judge has to decide if it’s too late.
Bobby Russell said for about nine years he’s lived his live believing he had HIV. He said he’s been avoiding friends and family members, taking medication and even planning his own funeral because of the disease.
He said he’s recently learned, he’s been healthy this entire time.
In 2004, Russell said doctors at the University of Kentucky Medical Center told him he was HIV positive.
Russell said he never saw the actual test results until last year.
He said when he finally saw them, the results were negative and so he’s suing.
Lawyers for the hospital claim Russell had doubts about a possible misdiagnosis years before he saw the negative results.
Russell’s lawyer argues, his client couldn’t have had a case until Russell had his test results in his hands.
The judge decided he needs more time to look all the evidence over.
“We just hope that he gets his day in court as everybody is entitled to and if the court rules that the statute bars then we’ll have to address it there but we hope the case goes forward,” said Kevan Morgan, Russell’s attorney.
The judge is planning to release his ruling late next week. That could determine whether this case moves forward or not.