Botswana: Woman Sues Govt Over False HIV Result
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Mmegi/The Reporter (Gaborone)
28 August 2008
Posted to the web 29 August 2008
Ephraim Keoreng
According to the Botswana Network on Ethics, Law and HIV/AIDS (BONELA) who is representing Sekgabetlela, the wrong test results nearly wrecked their client's marriage, as her husband had perceived the positive HIV diagnosis to mean that she had been having extra-marital relations.
In 2003 Sekgabetlela took an HIV test at an antenatal clinic to determine if she needed to be on the Prevention of Mother to Child Transmission (PMTCT) programme. Her results were misplaced.
"She was retested, together with her husband and she tested HIV positive, whilst her husband tested negative. She requested a retest and was told: "Do you think you are too smart not to get HIV?" After trying on numerous occasions she gave up and enrolled on PMTCT. Two years later she was retested as a prerequisite for a Netefatso Study for discordant couples. She tested HIV negative. Subsequent tests have consistently confirmed she is HIV negative," said Doris Kumbawa, BONELA media and advocacy officer.
Kumbawa said that BONELA is concerned about the growing number of cases of wrong HIV diagnosis. Last year BONELA represented another client whose nine year-old son had been falsely diagnosed with HIV when he was in fact negative. However, subsequent tests confirmed the son was HIV negative.
"The lack of tolerance and flagrant disregard for human rights displayed by the health service providers in denying people a retest is also a cause for concern as they are denying those they serve the basic human right of access to the health services at their disposal," she said.
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The case will be before Justice Key Dingake this Thursday at the Lobatse High Court.
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