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Hospital pays out over illegal hepatitis check
By Wang Qingchu |
March 19, 2011, Saturday
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Print Edition
Print Edition
A MAN has finally received 25,000 yuan (US$3,803) compensation from a hospital in Southwest China, the highest amount so far, in a case against hepatitis discrimination after losing the lawsuit the previous four times.
After mediation conducted by Guiyang City Intermediate People's Court in Guizhou Province, the hospital affiliated to Guiyang Medical University agreed to pay 25,000 yuan to the plaintiff, going by the alias Jing Xin, for having been checked for hepatitis B in pre-employment physicals, a practice banned to protect the rights of virus carriers.
Jing went to the hospital to have a health check-up organized by his potential employer in September 2008. Without getting Jing's consent, the hospital tested him for the virus and diagnosed him with chronic hepatitis B. The test result was sent to the employer and Jing was turned down for the job.
The Ministry of Human Resources and Social Security, the Ministry of Education, and the Ministry of Health jointly issued a notice forbidding hospitals to do the test in pre-employment medical check ups in 2010.
Jing sued his potential employer for discrimination in December 2008, but he lost the trial and also the appeal.
He brought legal action against the hospital for conducting an illegal check for hepatitis B and for invasion of his privacy in July 2010, but Yunyan District People's Court rejected the lawsuit in the first trial.
After mediation conducted by Guiyang City Intermediate People's Court in Guizhou Province, the hospital affiliated to Guiyang Medical University agreed to pay 25,000 yuan to the plaintiff, going by the alias Jing Xin, for having been checked for hepatitis B in pre-employment physicals, a practice banned to protect the rights of virus carriers.
Jing went to the hospital to have a health check-up organized by his potential employer in September 2008. Without getting Jing's consent, the hospital tested him for the virus and diagnosed him with chronic hepatitis B. The test result was sent to the employer and Jing was turned down for the job.
The Ministry of Human Resources and Social Security, the Ministry of Education, and the Ministry of Health jointly issued a notice forbidding hospitals to do the test in pre-employment medical check ups in 2010.
Jing sued his potential employer for discrimination in December 2008, but he lost the trial and also the appeal.
He brought legal action against the hospital for conducting an illegal check for hepatitis B and for invasion of his privacy in July 2010, but Yunyan District People's Court rejected the lawsuit in the first trial.
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