Petition against the breach of Medical Confidentiality


Most. Sohila Kunwar vs. The State Of Bihar & Ors. The Petitioner was a destitute who has been thrown out of her matrimonial house after the death of her husband and who barely makes keeps her body and soul together by washing utensils in other houses. The Petitioner is a person living with HIV+ / AIDS (i.e. PLHA and requires hysterectomy surgery as her uterus has become hazardous, troublesome and perhaps also appears to be infected, due to which the Petitioner is having problem to sit down properly and her every stride is quite painful. On 14.04.2015 the Sadar Hospital, Saran referred the Petitioner to the Patna Medical College Hospital (PMCH) at the pretext of her HIV+ status, for treatment and on the same ground the PMCH refused her the surgery on 30.04.2015 and also boldly denoted the HIV+ status on her prescription breaching the confidentiality of the Petitioner. Judgement / Status The High court disposed the matter after passing landmark orders in favour of the Petitioner and ultimately the Petitioner was given a VIP treatment at the Hospital and her entire expenses for convince, accommodation, medicines , etc. was reimbursed.