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Girl, 12, sues Athi River hospital for HIV test without her consent

By MAUREEN KAKAH February 9th, 2017 1 min read

A 12-year-old has dragged to court a hospital for violating her right to privacy because it subjected her to an HIV test without her consent, then gave wrong results.

In case documents filed by her mother, the minor has sued Athi River Shalom Community hospital and the Kenya Medical Practitioners, Pharmacists and Dentists Board while seeking compensation.

The mother says the rights of her child were violated by the hospital and she has been subjected to physical suffering and psychological torture since last year when the test was done.

She accuses the hospital of disregarding procedural inclinations to seek consent of the guardian of the minor. As a result, she has suffered mental and emotional anguish.

“The actions of the doctor and employees of the hospital were not justified and did not provide for any limitation of the privacy of my child to warrant an involuntary test and issuing us with wrong results,” said the mother.

She is seeking to be paid an unspecified amount of money as damages. She also wants the medical board to be directed to take up the matter.