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CHIEF M. A. INEGBEDION V. DR. SELO-OJEMEN OTIBHOR OKHAE TEACHING HOSPITAL, IRRUA

(2013) JELR 55423 (SC)

Supreme Court  •  SC.92/2004  •  18 Jan 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC JOHN AFOLABI FABIYI JSC MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC STANLEY SHENKO ALAGOA JSC

Judgement

ALAGOA JSC (Delivering the Lead Judgment): The appellant as plaintiff took out a writ of summons against the respondents as defendants at the Edo High Court, Ekpoma Judicial Division claiming damages for negligence, defamation and breach of doctor/patient confidence. So much of the facts as are necessary and as can be gleaned from the statement of claim are that the plaintiff went to the hospital of the 2nd defendant for the purpose of having an HIV/AIDS test conducted on him and his estranged wife. The test was carried out by the 1st defendant Dr. Selo-Ojemen, a medical doctor employed by the 2nd defendant’s hospital who informed the plaintiff that he was H.I.V. positive. He was however advised to come back to the 2nd defendant’s hospital in three months time to have this test confirmed. Plaintiff then proceeded to another hospital, St. Camillus Hospital Uromi, Edo State for another test which in fact revealed that he was H.I.V. negative. Meanwhile the confirmatory test after three…

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