(Last Updated On: July 6, 2016)
The HIV and Aids Equity Tribunal directed Karen Hospital to pay one of its patients Ksh1 million for compelling her to undergo HIV testing and revealing the results to 3rd party. Ksh1 million was for the testing and Kh1.5 million for the confidentiality violation.
It is reported that the patient was not told that her blood would be used to check if she was HIV positive then the doctors proceeded to inform her insurance company about her tests without her knowledge or consent.
“Where a doctor or other medical personnel obliges a patient to give blood for some undisclosed tests, and thereafter proceeds to use the same to test for HIV, then the doctor or medical personnel will have subjected the said patient to compulsory HIV testing and will have committed a crime,” says the tribunal’s judgment.
Her lawyer, Nelson Osiemo, said his client’s right to privacy and confidentiality had been violated after the results disclosure.