Ashok Kumar (45), a cancer patient and resident of Forbesganj in Araria district, has approached police alleging that the Mahavir Cancer Sansthan in Patna wrongly diagnosed him as HIV+ and hepatitis C-infected, and denied him treatment.

Ashok said he had approached the Sansthan on July 19 as he was suffering from lip cancer. After conducting tests for four days, the officials of the private hospital told him he was HIV+ and had hepatitis C, and asked him to consult some other hospital because they could not treat an HIV+ patient, Ashok told The Telegraph on Monday.

He was traumatised, he said: "I had abandoned all hope that I would survive. An acquaintance told me to go to AIIMS-Patna."

Tests at AIIMS on July 29 revealed he was neither HIV+ nor had hepatitis, he said. On Monday, he approached Anil Kishore Yadav, inspector-general of police (IG), weaker section, Criminal Investigation Department, to lodge a complaint against the Sansthan.

"I'm going to inquire into the issue," Yadav told The Telegraph. "If the private hospital has denied treatment to Ashok on the ground that he was HIV+ then they have committed a serious offence."

L.B. Singh, hospital superintendent at Mahavir Cancer Sansthan, said he could not recall the case. "We would have to check what actually happened," Singh said. "If the patient had any problem, he should have approached the hospital authority."

The superintendent said the hospital did treat HIV+ patients and only those cases that need surgery are referred to other hospitals.

Asked about Ashok's erroneous HIV report, Singh said: "Such errors occur in several cases."

Sandeep Sen, owner of city pathological lab Sen Diagnostics, said: "Even WHO says that more than one method has to be applied for HIV screening. In case a patient tests positive, s/he should be called back for another test. The cross-reaction happens many times due to presence of some kind of virus in the body. False positive cases are also reported among ladies during the end period of pregnancy."

Sachchidanand Kumar, president of the Indian Medical Association's state chapter, said false positive results increase if labs use inferior quality test kits.

"There is no specific rule or law regarding the protection of treatment rights of HIV+ or AIDS patient in the state," said Patna High Court lawyer Saket Tiwary. "The Patna High Court, in a case of Navin Kumar vs State of Bihar in 2011, had directed that hospitals could not discriminate against HIV+ patients. PMCH had denied arm surgery to a man called Navin Kumar following which he filed a writ petition. The court observed that the hospital superintendent had to ensure treatment to the HIV+ patient and doctors had to take necessary measures for keeping an infection-free environment."

Ranjit Kumar, general secretary, Bihar Health Services Association, said: "There is no law by which hospitals or doctors can be punished for denying treatment to HIV+ or AIDS patients in the state."

However, senior Patna High Court advocate SBK Mangalam said if a doctor or hospital denies treatment to an HIV+ patient, it could be considered a violation of the patient's fundamental rights. "If someone complains about the doctor concerned, his/her registration could be cancelled," the advocate added.