Mother sues hospital for testing 12-year-old daughter for HIV sans consent

February 8, 2017 2:33 pm
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The mother has accused the doctor of failing to seek her consent before subjecting her daughter to the examination hence violating her right to privacy/FILE

, NAIROBI, Kenya, Feb 8 – A minor has sued a hospital that allegedly subjected her to an involuntary HIV/AIDS test and giving her the wrong results in violation of her right to privacy.

The 12-year-old girl through her mother has sued the Athi River Shalom Community Hospital together with the Kenya Medical Board for damages.

The minor, according to suit papers filed in court on Tuesday, was subjected to the unlawful test last July without written or oral permission after visiting the hospital for a routine checkup.

The mother has accused the doctor of failing to seek her consent before subjecting her daughter to the examination hence violating her right to privacy.

As a result, the physician gave the aggrieved woman results indicating that her child was HIV positive but after confronting him, he conducted another test which found her negative.

She has accused the hospital and the doctor of blatantly disregarding procedural inclinations to seek consent of the guardian.

“The test has adversely affected the minor and subjected her to untold trauma and were it not for the petitioner’s insistence that the results were not a true reflection of HIV status of the minor she would have continued to suffer mental anguish,” she adds.

She now wants the court to compel the hospital to compensate her for violation of human rights, for physical suffering and psychological torture.

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