Woman loses damages claim over HIV test

Johannesburg - A woman has failed in a damages claim against the Limpopo health MEC after she said she was mistakenly told she was HIV positive, Beeld reported on Tuesday.

Nadine Geldenhuys has lost her appeal in the North Gauteng High Court after the Polokwane Magistrate's Court set aside her R100 000 damages claim.

Geldenhuys claimed that she was told by a matron in a provincial hospital in Polokwane in February 2002 that she had tested positive after two HIV tests had been done on her.

But the matron denied this in court, saying she only told Geldenhuys the result of the second test was inconclusive and that Geldenhuys should consider herself HIV positive until she got a final result.

Judge Neil Tuchten said the matron was an experienced HIV counsellor and there was no reason why she would not have followed the correct procedure in this matter.

Read more on: polokwane hiv aids health
Eugene Fourie 2014-08-12 09:33:32 AM
So the judge is assuming that ALL personnel at our wonderful provincial hospitals follow protocol...
David Van Schalkwyk 2014-08-12 09:45:49 AM
This is just a he said she said case and most judges would go with the matron on this case depending on her years of experience... The lady probably did not have anyone with her at the time of the incident so had nobody to confirm her claim...
Coretta 2014-08-12 10:40:50 AM
If this was any other continet besides Africa, that R100 000 would have been R1 000 000 and she would have won the case. In Africa, all lazy and corrupt goverment employees stick together.
Archie Dempster 2014-08-12 10:43:45 AM
People lie and especially if there's money's are involved
Sabelo Sabz Hlubelikhulu Mcondobi 2014-08-12 10:56:57 AM
It was unfair for a judge to do this.if the results were inconclusive why the matron told her she must consider herslf HIV positive instead of negative_ in my own intepretation that's playing with peoples feelings and I hate it.
Sipho Simon Mogale 2014-08-12 11:58:09 AM
it was her constituninal rights to do the claim it is how the court delivered the verdict with has the final say
Phillip Mathibe 2014-08-12 12:20:44 PM
Considering a person to be hiv positive and saying a person is hiv positive are two differant things. This metron actually saved this lady , imagine if she was told shes hiv negative? She would have continued to infect her partner. It was a preventative way that the metron used.
Johan Kotze 2014-08-12 12:46:07 PM
What a pleasure to tell a white girl that she is HIV positive. No secrets here......only lies by you know who.
Famida Nana 2014-08-12 02:34:05 PM
If the patient was really so concerned about her status and didn't trust the provincial laboratories result then she should have just went to a private laboratory, paid the money and get a third test done which would have put all the doubt to an end.
Patrick Fletcher 2014-08-12 03:03:47 PM
When you go for HIV testing at public facilities, there is a strict protocol that is followed. Firstly, its not a lab test. Its a rapid result test that usually involves a finger prick or a mouth swap. They are about 98% accurate. As part of the process, the nurse will make clear to you that if you test positive or the test is inconclusive, another test will be done immediately. If the second test is positive or inconclusive, you are then referred for more accurate lab testing. In the period leading to the more accurate lab testing, you are advised to exercise some (common sense) caution and operate under the assumption that there is an increased chance you are positive. The Nursing sister, by all accounts, did everything by the book, and there is no evidence to suggest otherwise. Why the plaintiff never immediately followed up with lab tests is anyone's guess.