Chennai: The State Consumer Disputes Redressal Commission, Chennai has directed a reputed private hospital in Adyar to pay a compensation of Rs 60,000 to a person for wrong diagnosis and declaring him a HIV positive patient. As a result of the adverse report, he lost an opportunity to serve in a Japanese firm in 2007. In a petition, R. Mohanan and his wife K.R. Parimala Mohanan of Thiruvanmiyur, submitted that Mohanan was provisionally selected for an employment by a Japanese company. He was set to take up a road project work in Algeria. Before proceeding there, he was asked undergo pre-employment medical check up in a private hospital in Adyar.
After conducting test on February 23, 2007, the hospital declared that he was HIV positive. In the report, the hospital management recorded he was “Not Fit”. As a result, his Japanese employer cancelled his provisional selection. In view of the adverse report, he and his family members faced a number of problems. Subsequently, Mohanan and his wife rushed to another hospital (Voluntary Health Service), Adyar for medical test. The VHS found that they were not infected with HIV and declared that they were HIV negative.
Again, he had undergone Western Blot test, to detect specific proteins from a mixture of proteins, in the first hospital, which declared him a HIV patient. And, the result was HIV negative.
According to them, due to negligence and deficiency in service Adyar hospital his selection for appointment was cancelled. After having lost employment opportunity with a Japanese firm, his family members suffered severe mental agony.
In the petition, Mohanan and his wife sought for direction to the Adyar hospital to pay Rs 30 lakh as compensation for negligence of service and causing mental agony. In its reply, the hospital management submitted that in respect of HIV test, the arrangements and payments were made by his employer, M/s Haneda Consultants and Agencies Private Ltd, only for conducting rapid ELISA test, which detects and measures antibodies in blood. As per the arrangement, reports were furnished to the employer.
The reports showed that he was tested HIV Positive and the hospital management advised him to undergo Western Blot Test. If Mohanan had undergone Western Blot test he would have been declared HIV negative. The fault was on part of complainant and hence there was no negligence or deficiency in service on the hospital.
The bench comprising its president Justice R. Regupathi (now retired), Judicial member, J. Jayaram and Member P. Bakiavathy said “we have to take serious note of the fact that without the individual undergoing Western Blot test, final opinion was declared as HIV positive and informed that he was not fit for the job. The reputed hospital should have announced the final result only after conducting the Western Blot test.
The complainant established the case of negligence and deficiency in service by the hospital. While rejecting plea Parimala Mohanan, the bench directed the hospital to pay a compensation of Rs 60,000, including a cost of Rs10,000, to Mohanan for causing negligence, deficiency in service and sufferings in two months.
