Nairobi Hospital Ordered To Pay Patient Sh2M For Revealing HIV Status

by Lawyer Alex

A Nairobi High court has ordered Nairobi Hospital and Liberty Assurance to pay a patient KSh 2 million for breach of her right to privacy.

Justice Weldon Korir ruled the hospital and the insurer were to blame since there was no explanation as to how the patient named GSN, was sidelined by her employer and later sacked.

According to a report by The Standard, the health facility and the insurer were accused of disclosing the patient’s HIV/AIDS status to her employer.

“The only people who knew about the petitioner’s medical condition were the petitioner herself and the respondents’ employees,” Korir noted.

“The petitioner has not stated that she revealed her ailment to her former employer. It, therefore, follows that it is only the respondents who could have communicated the nature of the petitioner’s sickness to her employer,” ruled the judge.

In its defence, the hospital told the court the patient was looking to have her case heard in a court thought most likely to provide a favourable judgement.

According to the health facility, the patient had separate cases she filed against her employer on the same issue but had been dismissed.

Liberty Assurance argued that being an employee, she agreed to be bound by the terms and conditions of the medical insurance policy agreement signed between it and her employer.

The ruling comes four months after the health facility was accused of charging its patient KSh 10,000 for COVID-19 test.

The hospital’s CEO, Allan Pamba said the move followed a rigorous training and collaboration by the Centre of Disease Control (CDC) and approval by the Ministry of Health.

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