A Sydney woman is suing two doctors after they failed to inform her of her partner’s positive HIV and hepatitis B tests. The 28-year-old woman, identified only as ‘PD’, became infected with both HIV and HBV, discovering her status after becoming pregnant with their child, the Supreme Court in Sydney has been told.

Marrickville doctors Nicholas Harvey and King Weng Chen are being sued for negligence and breach of contract in a case which directly challenges the confidentiality of the doctor-patient relationship.

The woman and her partner, Peter Mwai, who is from Ghana, saw Dr Harvey together for STD testing in 1999. The pair returned separately to collect their test results; the woman’s tests were negative and Mwai later told her that his results had also been negative, and produced a laboratory report apparently confirming the results.

The pair commenced an unprotected sexual relationship shortly after, and later married.

The Court heard that Mwai had in fact been seen by Dr Chen, who told him his results were positive and that he should not have unprotected sex. Dr Chen also made an appointment for Mwai to attend a hospital HIV unit.

The woman is arguing that because they went for the test together, the results should have been made available to both partners, but the doctors argue that to do so would have breached patient confidentiality and exposed them to legal action.

The Court has reserved its decision.