Mumbai: In a shocking case of alleged medical discrimination, a 37-year-old man suffering from severe abdominal pain was denied an emergency appendectomy at BMC’s Shatabdi Hospital, Kandivali, after doctors discovered that he was HIV-positive.
Medical documents revealed that an initial ultrasound (USG) showed appendicitis (7.5 mm appendix) and bilateral renal concretions. The patient was admitted on October 31 for an emergency appendectomy a routine and basic surgical procedure performed even in smaller hospitals.
However, he was discharged the same day without surgery and referred to Cooper Hospital, with the referral note explicitly stating the reason for transfer was the patient’s HIV-positive status.
Chain of Referrals Raises Questions of Negligence
Cooper Hospital’s Surgery Department reportedly sent the patient back, questioning the grounds for the referral. The man then returned to Shatabdi Hospital, which further referred him to Nair Hospital.
Sources said that since the patient was first admitted and later discharged without surgery due to his HIV status, senior doctors were fully aware of the case, suggesting that the issue cannot be attributed to junior staff alone.
Speaking to The Free Press Journal, the patient from Malvani confirmed he is now undergoing treatment at Nair Hospital and is suffering from a blood clot.
Hospital Defends Decision, Citing OT Cleaning Schedule
Dr. Ajay Gupta, Medical Superintendent of Shatabdi Hospital, denied allegations of discrimination. He explained that the patient arrived on Friday, and the operation theatre (OT) was scheduled for monthly deep cleaning on Saturday, during which no surgeries can be performed.
He said that patients in the ward are operated on Saturdays, and performing the appendectomy on November 8 would have meant cancelling five scheduled surgeries. Gupta further stated that after operating on an HIV-positive patient, the OT requires post-operative sterilization, which would have disrupted other procedures.
Therefore, he said, the hospital coordinated with Nair Hospital for the patient’s further treatment.
Legal Protections Under HIV and AIDS Act, 2017
Under the HIV and AIDS (Prevention and Control) Act, 2017, it is illegal to deny medical treatment based on a person’s HIV status. The law protects the rights of people living with HIV and mandates confidentiality of their health information.
It prohibits discrimination in healthcare, employment, education, and housing, requiring all medical professionals to follow universal precautions rather than refusing or isolating patients.
