Woman Awarded Ksh500,000 for Illegal HIV Test

Doctors attending to a patient
Doctors attending to a patient
(COURTESY)

A woman has been awarded Ksh500,000 by a court after a clinic conducted HIV against her will.

It is alleged that the woman, a State corporation employee, verbally told the medic attending to her not to conduct a pap smear and HIV test.

She had checked in at the clinic for a wellness check-up, which had been paid by her insurance provider.

HIV test kit
HIV test kit
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However, she would receive an email from a doctor days later containing attachments of her results including her HIV status.

The woman wrote a protest letter to the doctor and sued the clinic and the insurance provider.

In a landmark ruling, the HIV/AIDS tribunal stated that the health care provider violated the rights of the patient by conducting the test against her will.

The tribunal, led by a six-member bench chaired by Helen Namisi, ordered the clinic to award the woman Ksh500,000 for general damages.

In addition, the tribunal stated that the money would attract interest at court rates if there was a delay in payment.

The tribunal also ordered the court to cater for expenses incurred in filing the suit.

The ruling came just months after a hospital and an insurance firm were ordered by the High Court to pay a patient for disclosing to her employer that she was HIV and Aids positive.

Justice Weldon Korir ordered Nairobi Hospital and Liberty Assurance to pay the patient Sh2 million for breach of her right to privacy.

Justice Weldon Korir during a past hearing
Justice Weldon Korir during a past hearing
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