Mediheal Hospital Ordered to Pay Woman Sh2 Million for Disclosing Her HIV Status

The High Court has ordered Mediheal Group of Hospitals to pay a former employee Sh2 million for disclosing her HIV status.

The woman, code-named Rao, sued the privately-owned health facility for testing her HIV status without her consent and disclosing the results to third parties.

Justice Hellen Ong’undi ordered the hospital to pay the plaintiff for the emotional and psychological distress caused by the stigma she suffered as a result of the hospital’s actions.

The judge ruled that the Sh900,000 awarded to her by the HIV and Aids Tribunal in November 2020 was too low, adding that the tribunal failed to consider that Rao also lost her job.

Rao, who worked as a waitress at Mediheal Hospital Eastleigh branch’s restaurant, fell ill on May 25th, 2019, and was admitted to the facility. 

She told the court that Dr. Sadiqi Parvez Ahmed carried out a series of medical tests after a blood sample was drawn from her. Among them was the HIV test, which was conducted without her consent and with no pre-test nor post-test counseling.

Dr. Sadiqi went ahead to disclose the test results to her in the presence of other patients in the ward and also notified the human resource department without her consent.

Rao testified that the doctor came into the ward and loudly declared that she should be on antiretroviral treatment. Other patients in the ward overheard him.

Her supervisor was also informed about her status, which resulted in her being reassigned to laundry duty. Her colleagues later found out about her HIV status.

Justice Ong’undi said evidence showed that third parties learned about Rao’s HIV test results before it was communicated to her.

 “One does not first take the test and then come to explain.  Secondly, such a test cannot be lumped with other tests and be assumed to have been consented to. There must be counseling and preparation before this test is taken. None of these was undertaken,” the judge said citing HIV and AIDs Prevention and Control Act, 2006.