PNK v Jalaram Laboratory, Diagnostic (Radiology Services) [2020] eKLR Case Summary

Court
HIV and Aids Tribunal at Nairobi
Category
Civil
Judge(s)
Helene Namisi (Chairperson), Melissa Ng’ania, Justus T. Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Tusmo Jama, Dorothy Kimeng’ech
Judgment Date
May 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the PNK v Jalaram Laboratory case summary from 2020, detailing key judgments in the realm of diagnostic radiology services. Gain insights into the legal nuances and implications of this landmark decision.

Case Brief: PNK v Jalaram Laboratory, Diagnostic (Radiology Services) [2020] eKLR

1. Case Information:
- Name of the Case: PNK vs. Jalaram Laboratory, Diagnostic (Radiology Services)
- Case Number: H.A.T. CAUSE NO. 005 OF 2018
- Court: HIV & AIDS Tribunal at Nairobi
- Date Delivered: 29th May 2020
- Category of Law: Civil
- Judge(s): Helene Namisi (Chairperson), Melissa Ng’ania, Justus T. Somoire, Dr. Maryanne Ndonga, Abdullahi Diriye, Tusmo Jama, Dorothy Kimeng’ech
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether the Respondent tested the Claimant for HIV & AIDS.
- Whether the Respondent obtained prior informed consent from the Claimant before testing her for HIV & AIDS.
- Whether the Respondent provided the Claimant with mandatory pre and post-HIV test counseling.
- Whether the Respondent disclosed the Claimant’s HIV test results to a third party.
- Whether the Respondent’s actions led to the Claimant’s dismissal from employment.

3. Facts of the Case:
The Claimant, PNK, was taken to Jalaram Laboratory by the daughter of her former employer for medical examination. During her visit, blood samples were taken without her explicit consent, and she was later informed of her HIV-positive status in the presence of the daughter, leading to her dismissal from her employment. The Claimant alleges that the Respondent violated her rights by failing to obtain informed consent and disclosing her test results to a third party, resulting in damages. The Respondent denies these allegations, asserting that the Claimant visited the facility alone and consented verbally to the tests.

4. Procedural History:
The Claimant filed a Statement of Claim on 27th February 2018, seeking damages for the alleged violations. The Respondent filed a Statement of Response on 4th May 2018, denying the allegations. The case proceeded to hearings, where both parties presented evidence and testimonies. The Claimant was allowed to re-open the case to call additional witnesses. Ultimately, the Tribunal analyzed the evidence and submissions from both parties to reach a decision.

5. Analysis:
- Rules: The relevant statute is the HIV & AIDS Prevention and Control Act (HAPCA), particularly Section 14, which mandates informed consent prior to HIV testing and Section 17, which requires pre and post-test counseling.
- Case Law: The Tribunal referenced several cases, including CNM vs. The Karen Hospital Ltd, which defined informed consent in medical contexts, and J.K.O vs. Nairobi West Hospital Ltd, which highlighted the burden of proof regarding allegations of lack of counseling.
- Application: The Tribunal found that the Respondent failed to obtain informed consent as required by HAPCA. The Claimant's understanding of the procedure was inadequate, indicating that her consent was not truly informed. Additionally, the Tribunal concluded that the Respondent did not provide the necessary counseling, which is a violation of the Claimant's rights. However, the Claimant could not prove that her HIV status was disclosed to a third party or that the Respondent's actions directly led to her dismissal from employment.

6. Conclusion:
The Tribunal ruled in favor of the Claimant on the issues of informed consent and counseling, awarding her Kshs 250,000 in general damages. The claims regarding disclosure of test results and wrongful dismissal were dismissed. This ruling reinforces the importance of obtaining informed consent and providing adequate counseling in medical testing, particularly for sensitive conditions like HIV.

7. Dissent:
There were no dissenting opinions noted in the judgment, as the decision was unanimous among the judges.

8. Summary:
The case highlights critical issues surrounding patient rights, informed consent, and the handling of sensitive medical information. The Tribunal's decision emphasizes the necessity for healthcare providers to adhere strictly to legal requirements concerning consent and counseling, setting a precedent for similar cases in the future. The Claimant was awarded damages for the violations of her rights, while claims regarding disclosure and employment termination were not substantiated.

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