Man misdiagnosed as HIV+, clinic fined
He had visited the diagnostic centre for fitness test after clearing job interview of a Saudi Arabian company.delhi Updated: Jan 14, 2013 23:44 IST
A city-based diagnostic clinic has been ordered by a consumer forum to pay R2.05 lakh as damages to a 25-year-old man for wrongly diagnosing him as HIV+ and depriving him of an employment opportunity abroad.
The South West District Consumer Disputes Redressal Forum ticked off Paramount Diagnostic Centre, saying that it was “not only negligent but also rash” in declaring Delhi resident Mohd Dilshad unfit, instead of confirming its report through fresh tests.
"If the test conducted by Paramount had to be re-run after four-six weeks for confirmation, the lab could not have reported him unfit on the basis of their (initial) findings. Their haste in declaring him unfit immediately after the test is not only negligent but also rash," said a bench presided over by Narendra Kumar.
The forum also noted that Paramount's report had been proven "false" by all subsequent tests, including one by the All India Institute of Medical Sciences (AIIMS), which was conducted within two weeks of the "faulty" report.
"This faulty report resulted in deprivation of employment to the complainant," it said.
Dilshad in his plea had said that he was required to undergo a fitness test after clearing his interview for the job of an electrician in a Saudi Arabian company.
He said he had visited the diagnostic centre on October 4, 2010, for the test as per his employer's directions.
The clinic in its report said he had tested positive for HIV I and II and declared him unfit for the job, Dilshad said, adding that when he got his blood tested at four other labs, including the one at AIIMS, the results were negative.