Jamshedpur, Aug. 13: A young woman, who attempted suicide after being wrongly diagnosed as HIV positive by a local pathology lab five years ago, has been granted compensation of Rs 50,000 by Jharkhand State Consumer Dispute Redressal Commission, which has also held the clinic guilty of “unfair trade”.
This is perhaps for the first time a pathology lab in the state has come under scanner for wrong diagnosis.
A resident of Bagunnagar in Baridih, 30-year-old Sangeeta Devi conceived after three months of marriage and went to Golmuri gynaecologist Shashi Chawla for a routine prenatal check-up in February 2006.
The doctor advised the mandatory HIV/AIDS test and referred her to Adarsh Janch Ghar at Akaashdeep Plaza, also in Golmuri. The pathology report indicated that Sangeeta was HIV-positive.
Advocate Shiv Shanker Prasad, who took up the case with the consumer commission, said the concerned doctor asked Sangeeta’s husband, Sujeet Kumar, to undergo an HIV test, but he tested negative.
“This unleashed chaos in her (Sangeeta’s) family life. Her in-laws and neighbours began casting aspersions on her character. Realising the gravity of the situation, her parents consulted another doctor in the city and later took her to Integrated Counselling & Treatment Centre (ICTC), a special cell dealing with HIV patients, at MGM Medical College Hospital,” Prasad told The Telegraph.
A.C. Akhouri, the head of ICTC, conducted a test on Sangeeta and certified that she was not a victim of the deadly virus in March 2006.
“But, before she was cleared by the special MGM cell, a traumatised Sangeeta, faced with a volley of allegations at home and outside, had already attempted suicide. To avenge her harassment, her family approached the District Consumer Redressal Forum against Adarsh Janch Ghar the same year,” Prasad said.
On December 26, 2008, the district forum held the lab guilty of wrong diagnosis and asked it to pay the victim Rs 13,000 as compensation.
“The amount was too little considering Sangeeta’s ordeal. So, another appeal was made with the state consumer forum in January 2009,” the lawyer said. “On July 19 this year, the state body upheld the verdict of the district forum and enhanced the compensation to Rs 50,000,” he added.
Proprietor of Adarsh Janch Ghar S. Prasad admitted lapses on their part. “I accept the judgment. HIV screening falls under the rapid test category and technical problems may arise in the test kit or in the process. Sangeeta Devi’s case was one such unfortunate incident,” he said.
Mother of a four-year-old son now, Sangeeta is happy that her rough patch is, finally, over.
Sujeet, however, raised an alarm over private clinics that are often “negligent” in conducting tests. “I will not be satisfied till stringent action is taken against Adarsh Janch Ghar. I am going to write to the Indian Medical Council for cancellation of its licence,” he said.
