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Girl takes hospital to court for allegedly violating right to privacy

A 12-year-old has taken a hospital to court for allegedly violating her right to privacy by subjecting her to a HIV test without her consent.

In case documents filed by her mother, the minor has sued Athi River Shalom Community Hospital and the Kenya Medical Practitioners, Pharmacists and Dentists Board. She is seeking compensation.

It is also said the results of the test were wrong.

The mother says the rights of her child were violated by the hospital and she has been subjected to physical suffering and psychological torture since last year when the test was done.

She is accusing the hospital of disregarding procedural inclinations to seek consent of the guardian of the minor. As a result, she says, she has suffered mental and emotional anguish.

“The actions of the doctor and employees of the hospital were not justified and did not provide for any limitation of the privacy of my child to warrant an involuntary test and issuing us with wrong results,” the mother said.

She is seeking to be paid an unspecified amount of money as damages. She also wants the medical board to be directed to take up the matter.

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