HIV-positive cancer victim sues hospital

An HIV-positive man told the Global Times Monday that he has filed suit against a hospital which refused to treat him because of his status.

Xiao Feng (pseudonym), 25, said his suit against Tianjin Medical University Cancer Institute and Hospital was accepted by Tianjin Hexi district court on February 26. He is asking for an apology, payment for medical fees and compensation for emotional damages.

Xiao, who was refused cancer treatment in Tianjin in October 2012, said he was forced to change his medical records to obscure he had HIV so he could be treated at another Tianjin hospital in November.

A Beijing HIV/AIDS activist, Li Hu, advised Xiao to commit the subterfuge. Li told the Global Times in November 2012 that many people with HIV/AIDS are routinely discriminated against when seeking medical treatment, despite laws passed in 2006 which state hospitals should not refuse or delay treatment for other diseases unconnected to HIV/AIDS.

Vice Premier Li Keqiang immediately called for proper treatment for HIV/AIDS patients after hearing of Xiao's story from the media.

Xiao said that after Tianjin Cancer Institute discovered his condition, doctors said the hospital was unsuitable to treat patients with HIV/AIDS.

"The hospital's refusal reflects that although there is a law to protect AIDS/HIV patients' medical rights, enforcement of it is weak," said Xiao.

"I want my case to help reform our medical system and ensure the law is enforced," he said.

Hu Chuanzhao, a lawyer with Sino-Promise Law Firm, said he thinks Xiao will probably get an apology and money for emotional damage.

"The hospital shouldn't refuse treatment because he's HIV-positive. But he needs more supporting evidence for the medical fee compensation. There's no link that shows because the hospital refused Xiao's operation, his disease became more serious," said Hu.

Neither Tianjin Cancer Institute nor Hexi district court would comment.