The Star (Nairobi)

6 June 2014

Kenya: Man Wrongly Diagnosed With HIV and TB Sues KNH

A man is suing Kenyatta National Hospital and five doctors for allegedly misdiagnosing him with HIV in 2006. Peter Mungai Njoroge received Tubercolusis and HIV treatment for several months before he was told that he never actually had the virus that causes AIDS.

Now, the middle aged man lost his wife following the mis-diagnosis that left him paralyzed on one side of his body. He is suing the government referral hospital and doctors who treated him for medical and professional negligence.

Mungai says he visited KNH in April 2006, and was put on anti -TB and anti retroviral drugs after a test done by on him at the Hospital claimed he was HIV positive.

"I took the drugs for about four months during which my condition seriously deteriorated occasioning me to serious medical complications which promoted him to seek further treatment" says Mungai in an affidavit.

By the time he was seeking a second opinion, Mungai says he had been seriously affected by the drugs. He says his wife left him because he got paralyzed on one side of his body and had became impotent.

He has sued Attorney General Githu Muigai, Dr A.J Were, Dr. Mbugua Dr N. Mbolol , Dr W. Wafula and Dr J.O Atina who he claims treated him yet he was HIV negative.

Mungai says that as a result of the negligent and wrong diagnosis of Hospital, the anti-retroviral drugs that he diligently took to fight the killer disease has caused him a lot of pain, psychological torture, loss of erection, loss of his marriage and left him paralyzed. He says the he returned to KNH to do another test and the doctors confirmed that he was indeed HIV negative.

He says the Hospital and the doctors are negligent in misdiagnosing him and negligent in failing to order the appropriate tests for him. Further he accuses the doctors for failing to take due care of the effects of anti retroviral drugs on him.

"It is because of this misdiagnosed that I am now suffering hence this suit. Despite notice to sue, the hospital has refused or neglected to compensate me "says Mungai.

He is seeking through lawyer Henry Oduor unspecified awards for general damages, for pain suffering and loss of amenities. Oduor says a medical report from the hospital dated May 11 2007 confirmed that the VCT testing which is screening is not the right choice of test for confirmation of HIV status.

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