Japan: City ordered to pay damages after hospital refuses treatment over HIV fears

July 27, 2005

Kofu - The Kofu District Court on Tuesday ordered the Kofu Municipal Government to pay 1 million yen in compensation to the bereaved parents of a Thai woman over a municipal hospital's refusal to treat her on the basis she was infected with HIV.

In handing down the ruling, Presiding Judge Ryoichi Shinbori said there was no medical basis for refusing to treat the woman.

"It was discriminatory treatment with no medical grounds, and it violated the human rights of the plaintiff," Shinbori said.

The woman died in 1997 at the age of 26, and her parents took over the lawsuit she launched. The woman had also sought damages against Kyonan Hospital in Kajikazawa, Yamanashi Prefecture, but the court ruled the hospital had not acted negligently.

According to the ruling, the woman fell from the second story of a bar in Yamanashi Prefecture in December 1992 after being chased by a man, and suffered a broken hip.

She was initially sent to Kyonan Hospital, but the hospital transferred her to Kofu Municipal Hospital. When she arrived, however, the doctor in charge decided to call off the operation to prevent nurses and patients becoming worried over HIV infection fears.

After the hospital refused to treat the woman, her lower body was left paralyzed. She had sought 15.62 million yen in compensation, but the court lowered the payment to her parents in Thailand to 1 million yen, taking into consideration wage differences between Japan and Thailand.

Kofu Mayor Masanobu Miyajima said he wanted to talk with the hospital and discuss a response.

"If there was any negligence, I want to work to make sure the same sort of thing doesn't happen again," he said.

Copyright 2005, Mainichi Daily, reused with permission

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