Ludhiana: The district consumer disputes redressal commission has directed a clinical laboratory and a private hospital to jointly pay Rs 1 lakh compensation to a woman who was wrongly declared HIV positive following a blood test conducted in 2021.The commission ordered the opposite parties to pay the compensation within 30 days of receiving a copy of the order. In case of default, they will have to pay interest at the rate of 8% per annum on the compensation amount from the date of filing of the complaint till actual payment.According to the complaint, the woman, who was around 32 years old, was undergoing treatment for a brain related problem at a private hospital.
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On the advice of a doctor, she got her blood tested at a clinical laboratory operating in the same hospital on Feb 22, 2021.A blood test report issued on Feb 24, 2021 declared her HIV positive. The report recorded HIV Antibodies Duo Ultra (HIV-5) with a P24 antigen value of 2.48 based on the blood sample collected on Feb 22, 2021. Following the report, the doctor referred her to the Antiretroviral Therapy (ART) Centre at Civil Hospital, Ludhiana, for HIV testing.The woman stated that the Integrated Counselling and Testing Centre (ICTC) at the civil hospital issued a report on Feb 25, 2021, declaring her negative for HIV antibodies. After receiving the report, she, through her father, lodged a complaint with the civil surgeon, Ludhiana, seeking action against the laboratory and the hospital.The civil surgeon referred her to the same laboratory for retesting. The laboratory collected a fresh blood sample on March 4, 2021. However, the commission noted that the report was issued on the basis of the sample collected on Feb 22, 2021, instead of a fresh sample. The report recorded an HIV Antibodies Duo Ultra (HIV-5) with a P24 antigen value of 0.16, indicating a negative result.The complainant claimed that the incorrect HIV-positive report caused mental agony, harassment and depression. She sought compensation of Rs 5 lakh.The laboratory, in its written statement, said the repeated test had returned a negative result and contended that positive results could be falsely generated by machines due to various factors. It denied any deficiency in service. The doctor also denied responsibility, stating that he had only referred the complainant for treatment after receiving the report and had no role in conducting the test.The commission referred to findings of a medical board constituted by the civil surgeon, Ludhiana. The board observed that the laboratory had not followed the prescribed HIV testing protocol and directed it to ensure compliance with NACO guidelines in future.Holding the laboratory and hospital responsible, the commission observed that the complainant suffered psychological trauma and was compelled to spend additional money in seeking further opinions. It awarded Rs 1 lakh compensation to the woman.
