COVID Deaths : Supreme Court Expresses Concerns About Difficulties In Getting Medical Certificates From Hospitals

The Supreme Court on Thursday shared with the Central Government its concerns with regards to the difficulties which persons may face to obtain medical certificates from hospitals with respect to COVID deaths. "At the time of second wave, hospitals were acting like monarchs. Some were directly disposing off the bodies without even giving papers also," Justice MR Shah, presiding judge of the bench orally remarked. A bench comprising Justices MR Shah and AS Bopanna was hearing an application seeking compliance of the directions in the June 30 regarding compensation for COVID deaths and for simplified process to issue death certificates in COVID cases. The Solicitor General Tushar Mehta submitted that as per the guidelines issued by the authority on September 3, deaths taking place outside hospitals within 30 days of testing COVID positive will be treated as COVID deaths. And in cases where the death happens while admitted in a hospital after testing COVID positive, the time limit of 30 days is not applicable."COVID-19 cases which are not resolved and have died either in hospital settings or at home, and where a Medical Certificate of Cause of Death (MCCD) in Form 4 & 4 A has been issued to the registering authority, as required under Section 10 of the Registration of Birth and Death (RBD) Act, 1969, will be treated as a COVID-19 death", the SG read out from the Union's affidavit.At this point, the bench pointed out that in the hospital records, the cause of death may be stated as something else, and not necessarily COVID."Many times the discharge certificate states the reason as to what happened. If the certificate says heart attack but if the reason for heart attack was CoVID, then what? Many times the hospitals did not give papers only, what would happen in those cases" asked Justice Shah. The SG submitted that if it is certified that the death is due to heart attack, the person can show the report of the deceased being CoVID positive before the Grievance Committee, which is proposed to be constituted at District Levels, to get the anomaly corrected. "Next of the kin of the deceased has the liberty to raise grievance before the concerned District Level Committee stating that the cause of death of his/her kin was within the CoVID related parameters prescribed and that the death certificate did not recognise it as death due to CoVID 19 but mentioned about some other incidental cause as the cause of death in the death certificate", the SG said.The top law officer of the Union further submitted that the District Level Committee on such application has the liberty to examine the contemporaneous medical recorded of the deceased patient and could issue a fresh or corrected certificate if it comes to the conclusion that the applicant's case was within the parameters contemplated in the guidelines. "Further, the district level committee proposed in the guidelines shall also consider any dispute between the hospital and the family regarding the cause of death," SG also added. "We could pass orders directing the District Level Committee to call for papers from the Hospitals," Justice Shah said. "It should not be open ended and there should be some checks so that people don't take advantage of that," SG replied. On the issue of validity of the certificates issued by hospitals/ Government Authority prior to issuance of the Guidelines dated September 3, 2021, the Solicitor General submitted that the same could be corrected and the kin of the deceased can get the certificate re-issued in accordance with the guidelines.The SG also pointed out that the guidelines are binding on the state governments and they have to implement it.The bench said that it will pass appropriate orders on the application. On the question of compensation, the Court expressed satisfaction with the guidelines issued by the National Disaster Management Authority to fix Rs 50,000 as ex-gratia compensation for the kin of persons who died due to COVID-19. Case Title: Gaurav Kumar Bansal v Union of India Click Here To Read/ Download Order

COVID Deaths : Supreme Court Expresses Concerns About Difficulties In Getting Medical Certificates From Hospitals

Shruti Kakkar

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