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Hospital Directed to Pay Patient RM 150,000 for Disclosing Confidential (and Erroneous!) Information about HIV Status

Posted on March 3, 2011 by Dissent

Prakash Sharma reports:

A Malaysian hospital has been directed to pay a man RM150,000 for the breach of privacy. According to the arguments presented during judicial proceedings, it was informed by the man’s attorney that the hospital had shot letters to his family, friends and employers informing them that the man is HIV positive.

Despite the encouraging judgment, many have criticized the amount of compensation awarded to the man. The court has not taken into account the mental and emotional agony the man has suffered because of the negligence on the hospital’s behalf.

Read more on TopNews.

Priscilla Dielenberg of The Star provides more detailed coverage of the case involving Adven­tist Hospital and Clinic Services and its impact on the patient, who ran away from the hospital (and his family) after getting the diagnosis. The hospital’s defense of its privacy breach is a bit interesting:

In its defence, the hospital said Nageswara’s blood test was conducted by Gribbles Pathology, which was an independent contractor, and not the hospital’s agent or employee.

It said it was carrying out its responsibility as a concerned hospital by informing Nageswara’s family why he had run away.

RM150,000 is about $49,488 in USD.

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