2001 (8) TMI 1425 - HC - Indian Laws

Hospital Negligence Leads to HIV/AIDS Contract, Compensation Awarded Under Article 21

The court found the hospital negligent in conducting HIV tests, leading to the petitioner contracting HIV/AIDS. It emphasized the State and hospital's ... - Issues Involved:1. Negligence by hospital authorities in conducting HIV tests.2. Responsibility of the State and hospital in controlling the spread of HIV/AIDS.3. Right to health and life under Article 21 of the Constitution.4. Compensation for medical negligence.5. Implementation of AIDS control programs and public awareness.Detailed Analysis:1. Negligence by Hospital Authorities in Conducting HIV Tests:The petitioner alleged that she contracted HIV/AIDS due to the negligence of the Maternity and Family Welfare Hospital, Godavarikhani, under Singareni Collieries Company Ltd. (SCCL). The hospital failed to conduct necessary blood tests before transfusing her brother's blood during a hysterectomy operation. The hospital's counter-affidavit admitted that the petitioner's blood was not tested for HIV, but the donor's blood was tested and found negative. However, it was uncertain if the donor was HIV positive at the time of donation due to the window period.2. Responsibility of the State and Hospital in Controlling the Spread of HIV/AIDS:The court examined the measures taken by the State and SCCL in controlling HIV/AIDS. The State had undertaken several initiatives, including public awareness campaigns, establishment of blood banks, and training medical personnel. However, the court found that there was a lack of effective monitoring and implementation of these measures, particularly in rural areas. The SCCL was directed to open special blocks for HIV+ patients and ensure proper testing and treatment facilities.3. Right to Health and Life under Article 21 of the Constitution:The court emphasized that the right to life under Article 21 includes the right to health. The State has a duty to provide adequate health facilities and take preventive measures against diseases like HIV/AIDS. The court referred to various Supreme Court judgments expanding the scope of Article 21 to include the right to a healthy life.4. Compensation for Medical Negligence:The court recognized the concept of constitutional tort and awarded a compensation of Rs. 1 lakh to the petitioner for the medical expenses incurred due to the hospital's negligence. This compensation was granted as a public law remedy, in addition to any potential damages the petitioner might seek through civil courts.5. Implementation of AIDS Control Programs and Public Awareness:The court issued several directions to improve the implementation of AIDS control programs:- Sufficient HIV/AIDS test kits and equipment should be provided to all hospitals.- Use of disposable needles and proper disposal of bio-medical waste should be mandated.- Increased public awareness campaigns, especially in rural and slum areas.- Provision of free anti-AIDS drugs and special training for doctors.- Rehabilitation schemes for HIV+ patients to prevent social ostracism.- Strict monitoring of blood banks and introduction of sex education in schools.- Maintaining the confidentiality of HIV+ patients to encourage testing and treatment.The writ petition was disposed of with these directions, and the respondent-Company was ordered to pay compensation to the victim within four weeks.