Hospital, Lab Pay $1 Lakh for Wrong HIV Diagnosis

A district consumer disputes redressal commission has ordered a clinical laboratory and a private hospital to jointly pay Rs 1 lakh in compensation to a woman. This decision comes after she was incorrectly diagnosed as HIV positive following a blood test conducted in 2021. The compensation must be paid within 30 days, or it will accrue 8% annual interest.

The woman, then around 32, underwent a blood test at the laboratory within the hospital on February 22, 2021, as part of her treatment for a brain-related issue. The initial report on February 24, 2021, indicated she was HIV positive.

Following this, she was referred to the ART Centre at Civil Hospital, Ludhiana. There, a report on February 25, 2021, declared her negative for HIV antibodies. She then complained to the civil surgeon, Ludhiana, seeking action against the hospital and laboratory.

A subsequent retest on March 4, 2021, by the same laboratory yielded a negative result. However, the commission noted this report was based on an incorrect reference to the initial sample. The complainant sought Rs 5 lakh compensation for mental agony and harassment.

The laboratory cited machine variability for false positives and denied service deficiency, while the doctor stated he merely referred her based on the report. A medical board constituted by the civil surgeon found the laboratory had not followed prescribed HIV testing protocols, directing future compliance with NACO guidelines.

The commission held the laboratory and hospital responsible for the psychological trauma and additional expenses the woman faced, awarding the Rs 1 lakh compensation.