Tina was in an accident and is a patient at the Lagunya Hospital. Tina agrees to an HIV test. The test is positive.

Tina’s wounds need to be treated every day, but the nurse treating her finds out the results of the HIV test and refuses to treat her again. She also tells all the other nurses. They too refuse to touch Tina, and she is left in pain, with blood-soaked bandages for many hours. When she recovers she wants to take action against the hospital for the degrading way in which they treated her.

What Does the Law Say?

Everyone has the right of access to health care services. It is against the law for a health care worker to refuse to treat a person because they have HIV, or to treat people with HIV differently from other patients.

(See: The right to health care and medical treatment)

What Can You Do?

There are a number of ways to respond to this problem:

1. You can refer Tina to a lawyer to make a civil claim against the health workers or the hospital on behalf of the patient. A High Court can review and set aside the decision of a hospital to refuse to treat a patient.
   (See: Steps in a civil claim in a Magistrate’s Court)
2. You can help Tina draw up an affidavit explaining her complaint. Include the names the health workers involved. Send the affidavit to the relevant medical council which can discipline their members. This includes the South African Nursing Council (SANC) if the complaint is against a nurse, or the Health Professions Council of South Africa (HPCSA), if the complaint is against a doctor.
   (See Affidavits; Resources: Health Professions Council of South Africa [HPCSA])
3. You can also help Tina send a letter of complaint to the South African Human Rights Commission (SAHRC).
   (See: Problem 1: Taking a case to the South African Human Rights Commission)
4. A letter of complaint can also be sent to the Public Protector
   (See: Making a complaint to the Public Protector)