Duty Of State Is To Save Lives Of Those Infected With Covid, Non-Availability Of ICU, Ventilators Cannot Be A Reason For Denying Admission: Bombay HC In Suo Motu Case[Read Order]

The Bombay High Court on Thursday took suo motu cognizance of issues faced by the general public due to non-availability of ventilators and oxygenated beds for Coronavirus patients with moderate and severe conditions in order to reduce the death rate in Nagpur. Division bench of Justice RK Deshpande and Justice PV Ganediwala of the Nagpur bench at the outset observed- "The main issue which requires our immediate attention is making the ventilators and oxygenated beds available to the patients of moderate and severe conditions so as to reduce the death rate. The people are required to travel from one Hospital to another with serious patients and for want of accommodation, the newspaper report shows that the deaths are occurring. We must note with regret that for want of medical aid, the people are falling prey to Coronavirus. We, therefore, thought that without going into the legal niceties, an immediate arrangement can be worked out to reduce the death rate. Hence, we try to work out the solution." Court noted that it is not the case of the Municipal Commissioner, Nagpur; the Collector, Nagpur, the Deans of GMCH and IGGMC, Nagpur that the infrastructural facilities namely, ICU, Ventilator beds or oxygenated beds are not available. The bench said- "Of course, this cannot be the reason for the State and it is the duty of the State to make all such infrastructural and medical facilities available to save the life of people who are affected or likely to be affected by Coronavirus. The problem of non-availability of the medical and para-medical staff can also not be a problem to deny the admission in the Hospital to the patients. Even private Doctors are under obligation to provide the treatment. The preservation of human life is of paramount importance. Once life is lost, it cannot be restored. Every Doctor whether he is in Government or Semi-Government Hospitals or private professional is under obligation to extend his services with due expertise for protecting life. Even private Doctors cannot refuse to render their services during pandemic in all such Hospitals where they are called or their services are needed." Dr. Archana Kothari, the President of Indian Medical Association and Dr. Anup Marar, the Director of Orange City Hospital and Convenor of Hospitals Association voluntarily joined the Court in this matter on their own, showing willingness to tackle the problem. However, they expressed the difficulties of the Doctors who are 65 years of age and above or are suffering from co-morbidities to take responsibility for providing treatment by personally attending the patients in various Hospitals or Dedicated Covid Health Centres (DCHCs). Court noted that there is a classification of patients in different categories – broadly, it is in three categories of mild, moderate and severe. These are further classified as asymptomatic positive patient, symptomatic patient without co-morbidity, symptomatic patient with co-morbidity, symptomatic patient with pneumonia without hypoxia, symptomatic patient with pneumonia with hypoxia and symptomatic patient with pneumonia with hypoxia with sepsis/shock/organ failure. The affidavit filed by the Dean, Government Medical College, states that there is a set treatment which is provided to different categories of patients of Coronavirus with such variations to be made by the consulting Doctors keeping in view the specific issue relating to the patients. The bench suggested that Doctors above 65 years may provide guidance through Whatsapp - "So far as Doctors of 65 years of age and onwards with co-morbidities, it may be possible, keeping in view the experience which they possessed in the profession, to provide guidance in respect of investigation and treatment to be administered to a particular patient through various means of communication like personal contact on cell phone, sending of reports through WhatsApp in pdf or looking the condition of the patient through Video Call and also conducting the conference. We have seen and experienced also that the Doctors who are infected with Covid-19, are managing and administering the patients in the Hospitals while they are in home isolation. It does not seem to be a difficult task to manage the patient by the Doctors." Court also suggested that the services of the Ayush Doctors or PG students or students in Super Speciality can be utilized and they can work under the guidance and instructions from the senior Doctors through various communication system. Court was assured by Dr.Archana Kothari, the President, IMA and Dr. Anup Marar, the Convenor of Private Hospital Association, that within a day they shall provide a list of private Doctors in different age groups, who can provide their services either by personally attending the patients or through various communication systems. Moreover, the Collector, Nagpur, has in exercise of its statutory powers constituted a...

Duty Of State Is To Save Lives Of Those Infected With Covid, Non-Availability Of ICU, Ventilators Cannot Be A Reason For Denying Admission: Bombay HC In Suo Motu Case[Read Order]

Nitish Kashyap

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