#LegallySpeaking: HIV/AIDS & Medicolegal aspects
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Tip: Final HIV report should not be released without performing the confirmatory test

• Background of case

~ Patient took admission to the hospital due to stomach ache. On advice of doctor she underwent various medical tests including HIV test & it revealed that she was HIV-positive.

~ Suspecting the authenticity of report, patient got herself tested at two different diagnostic centers where it was found that she was HIV negative.

• Patient’s Allegations:

~ Owing to the blot on her social reputation and mental agony due to the wrong test report, the patient went into depression and was undergoing psychiatric treatment.

~ She claimed that she had to bear the cost of therapy and it was due to the alleged negligence of the doctor.

• Doctor's defence:

Doctor argued that the report (HIV REACTIVE) does not bear his signature, and the test report is created by her men to blackmail him.

• Commission Held:

~ Report was given by doctor's Diagnostic center on its Letterhead signed by a technician of the same diagnostic center.

~ Doctor did not follow the WHO Guidelines in respect of HIV Test, which recommends the HIV test should be conducted with consent of the patient and secondly the result of said test ‘HIV REACTIVE (Positive) should be kept confidential between Doctor and the complainant.

~ It is further observed that no confirmative test was conducted by a doctor, which is against the said guidelines of WHO released in the run-up to World AIDS Day-2013.

~ And without confirmative test the result of the first test report which was HIV positive was delivered to the family of the complainant, which shows negligence and deficiency of service on part of the doctor

The court finally directed the doctor to pay a compensation of Rs.1,00,000/- to the patient for her mental agony.

Source: https://www.casemine.com/judgement/in/5f592b769fca1972865848da
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