Wrong HIV diagnosis: R2million claim

FOR four months Vineshree Govender, 26, believed she was HIV positive.

It all started when she decided to take out an insurance policy and her blood came back HIV positive.

However, four months after suffering “immense depression” and a second blood test, Govender found out she was, in fact HIV, negative.

Now the young woman has instituted a R2-million medical negligence claim against Target Pathology Laboratories in Smith Street. She is being represented by attorney Sanjeev Singh.

The lab’s owner Peter Mason Atkinson has been cited as the second respondent.

In court papers Govender said her woes began in September 2010 when she had gone to Target Pathology Laboratory on two occasions to have an “HIV test done for insurance purposes”.

Govender claimed she did not received counselling before and after the two HIV tests were performed.

Four months later on January 3 or 4, 2011, Govender visited a Dr Issac’s rooms at Netcare Alberlito Hospital.

Further HIV tests were done and she was found to be HIV negative. No HIV antibodies were detected.

But for Govender the damage had already been done. “I have suffered shock and a significant degree of psychological distress because I was incorrectly diagnosed.”

She cited the depression as the main factor for failing her honours degree in business management studies.

She has claimed R500 000 for estimated future medical expenses which included psychotherapy and psychiatric treatment to treat her major depression and post traumatic stress disorder.

She also claimed R1-million for estimated future loss of earnings and general damages for pain and suffering.

Reasons outlining the negligence filed in court papers include the labs failure to properly examine and assess Govender’s blood sample; failing to provide Govender with proper counselling before and after HIV testing and interpreting the wrong blood result to her.

Target Pathology Laboratories and Peter Mason Atkinson filed a notice of intention to defend the matter.