AIIMS Rishikesh ordered to pay Rs 60,000 after ‘wrongly declaring’ man as HIV positive

The man alleged that he fell ill on July 12, 2014, and when his condition did not improve, he consulted a doctor on July 15, 2014, from where he was referred to a higher centre for further treatment. The man claimed that he was subsequently admitted to All India Institute of Medical Sciences, Rishikesh, where he was informed that he was HIV positive and was discharged on July 16, 2014. It came on record that the man later got himself examined at Shri Guru Ram Rai Institute of Medical and Health Sciences, Dehradun, where he was found to be HIV negative.

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The state commission’s order also noted that the man had got himself examined at Mahant Indiresh Hospital at Dehradun subsequently. “On the contrary, the respondent No. 1 has placed on record the subsequent medical reports from Shri Guru Ram Rai Institute of Medical & Health Sciences, Shri Mahant Indiresh Hospital, Dehradun showing him HIV negative,” the order said.

‘No HIV test done’

According to the man, AIIMS had wrongly declared him HIV positive because of which he suffered mental and physical agony, apart from financial loss. The man further alleged that AIIMS had committed medical negligence and demanded Rs. 50,000 as medical expenses from the hospital. However, AIIMS did not pay the amount, which prompted him to file a consumer complaint before the Haridwar District Commission. The District Commission, through its April 22, 2019, order, directed AIIMS to pay a compensation of Rs 50,000 and Rs 10,000 for litigation costs.

All India Institute of Medical Sciences, Rishikesh, then filed an appeal against the order passed by the Haridwar district consumer commission.

Advocate Amit Agarwal appearing for AIIMS argued that the district commission did not evaluate the facts and evidence properly and had “erroneously” held AIIMS guilty of medical negligence and deficiency in service. The counsel contended that no expert medical evidence was produced by the man to prove medical negligence.

The counsel also urged that at the time concerned, AIIMS did not have an integrated counselling and testing centre for HIV testing; therefore, neither any HIV test was done, nor any HIV positive diagnosis was made by it. It was also urged by the counsel that no consumer–service provider relationship was there between the man and AIIMS.

Advocate Shreegopal Narson appeared for the man and supported the judgment of the district commission.

‘Breach of duty’

On the argument that the man could not be regarded as a consumer under the Consumer Protection Act because AIIMS provided free of cost treatment on “public negligible charges”, the Uttarakhand state consumer commission stated that the man had paid Rs 270 to the hospital for medical investigation and other charges, therefore it could not be said that the services given to the man were “wholly” free of charges.

The commission further observed that the discharge summary issued by AIIMS, Rishikesh specifically recorded the man as HIV positive and in the discharge sheet, the treating doctor also repeatedly recorded the man as HIV positive. The commission was of the view that “the contention of the appellant (AIIMS) that no HIV diagnosis was made by AIIMS is belied by its own medical records.”

Accordingly, the state commission held AIIMS guilty of medical negligence and deficiency and stated that “the repeated recording of the man as HIV positive in the official medical records without producing any supporting diagnostic material, clearly constitutes the breach of that duty”.

Takeaway

The ruling establishes the obligation of government hospital to ensure proper services and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience. For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Uttarakhand: 1800-180-4188) or call the National Consumer Helpline at 1915 for assistance.

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