"Ensure Correct Balance Between Patient's Well Being And Covid Situation": Delhi HC Directs AIIMS To Conduct Surgery On Cancer Patient Delayed Due To Covid

The Delhi High Court on Wednesday directed AIIMS, Delhi to fix a date and resume elective surgeries of a 44 year old cancer patient whose treatment was delayed after the AIIMS administration decided to close all OPDs and elective surgeries in view of the Covid 19 pandemic and diverted most of its human resources and infrastructure for covid care.

A single judge bench comprising of Justice Pratibha M Singh observed thus:

"This Court is confident that the team at AIIMS dealing with Petitioner's case in the Department of Surgical Oncology, would ensure that a correct balance is drawn between ensuring the well-being of the Petitioner as also the COVID-19 situation which is prevalent currently. Steps for conduct of the surgery are directed to be taken immediately upon the surgeon/team in the concerned department recommending the same for the Petitioner, keeping in mind the overall facts and circumstances."

In view of this, the following directions were issued to AIIMS:

- The CT scan report along with the CT scan itself, may be transmitted to the surgeon concerned, through ld. Senior counsel Mr. Verma. The Petitioner's counsel shall hand over the CT scan report to Mr. Verma, so that it can be passed on to the doctor/surgeon concerned who is dealing with the Petitioner's case.

- After the surgeon has examined the CT scan report, a tele-consultation be arranged between the surgeon/ Oncology team concerned and with the Petitioner, in order to fix the date of the surgery, keeping in mind the COVID situation in AIIMS, as also the probable date of resumption of the elective surgeries.

The petitioner had stated that she was required to undergo treatment of Chemotherapy and Radiotherapy in two phases, first phase of which was conducted on April 7 and the second phase was scheduled for April 30.

It was therefore argued by the petitioner that if the surgery is delayed indefinitely, there could be irreparable loss to the her medical condition and therefore had sought for direction to be given to the AIIMS to conduct a time bound surgery.

A status report was filed by AIIMS confirming the fact that the petitioner had received the chemotherapy on April 7.

In view of this, the Court observed that steps for conduct of the surgery must immediately be taken by the surgeon or team in the concerned AIIMS department for providing treatment to the petitioner.

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