Man sues KNH doctors over ‘wrong’ HIV diagnosis
Five doctors are embroiled in a legal tussle with a man who accuses them of wrongly diagnosing him with HIV and giving him anti-retroviral drugs that left him paralysed.
Mr Peter Mungai Njoroge has sued the Kenyatta National Hospital (KNH), doctors A J Were, P Mbugua, N Mboloi, W Wafula and J O Atina, and the Attorney-General.
Mr Mungai claims that he went to KNH on April 4, 2006 for treatment and was diagnosed with tuberculosis and HIV. He was put on anti-TB and anti-retroviral drugs.
His lawyer, Mr Henry Oduor, said that Mr Mungai was treated by the five doctors working at KNH and when he sought a further test, it was confirmed that he was not HIV-positive.
“The negligent and wrong diagnosis, as well as medication through the use of anti-retroviral drugs, has caused Mr Mungai psychological torture, paralysed one side of his body and led to the loss of his marriage,” explained the lawyer.
Mr Oduor further said that KNH and the doctors were negligent and breached their duty of care when they wrongly diagnosed Mr Mungai and then failed to take due care of the effects of the anti-retroviral drugs on the HIV-negative man.
Mr Mungai is seeking general damages for pain, suffering and loss of amenities.
Dr Wafula and Dr Atina, in their response documents filed by Miller and Company Advocates, however, said they did not diagnose Mr Mungai with HIV and put him on anti-retroviral drugs as alleged.
They attended to Mr Mungai from May 15, 2006 to May 25, 2006, but he was being treated for tuberculosis, which was successfully managed.
“At all material times … we did use our professional skills, expertise and knowledge, in accordance with the professional standards required of us as duly qualified medical specialists, in providing medical care, advice, diagnosis and treatment,” said the two doctors in their court papers.
“Mr Mungai’s health had improved by the time he was being discharged from KNH,” said the two doctors.
The other doctors are expected to enter appearance.