Plea In Delhi High Court to Hold Hospital and Delhi Government For Not Providing Timely Treatment
A plea has been filed in the High Court of Delhi against Rao Tula Ram Hospital for negligence in the treatment of a covid positive patient leading to his death. The petition has beenfiled by the deceased’s mother (Petitioner no. 1), friend(Petitioner No. 2) and widow (Petitioner No. 3).
According to the Petitioners, on the night of 26th April 2021, the now deceased Naveen, started experiencing shortness of breath and was taken to Rao Tula Ram Hospital, where he was examined by a doctor and his oxygen saturation was 60%against the normal of 97% and his pulse was recorded to be 112 per minute. The examining doctor recorded Naveen’s state to be conscious and oriented, which given his statistics was medically impossible. The doctor further refused to recommend Naveen for admission and was referred to another centre. The hospital provided no assistance in the transfer and left the deceased to be carried away to a bus stop by his friend.
The friend also called 100 and Delhi Government’s cab ambulance service, to no avail and deceased passed away.
Relying on the Supreme Court judgement in Navtej Singh Johar and (Ors) vs Union of India which said
“The right to health, and access to healthcare are also crucial facets of the right to life guaranteed under Article 21 of the Constitution”.
And Re Distribution of Essential Supplies and Services during Pandemic, and the Allahabad High Court’s order in Re Inhumane Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive which issued a notice to UP Election Commission asking them to explain why they shouldn’t be held responsible and prosecuted for the violation of covid guidelines leading to the death of several individuals, the petition seeks to establish that the death of Naveen was completely avoidable and due to the mismanagement of the Government of Delhi and non-timely treatment provided by the hospital.
The petitioners seek the following relief from the court –
- Appropriate compensation for the loss of Naveen’s life
- Presentation of data of the total supply of oxygen allocated to Rao Tula Ram Hospital on the day of the incident, ie 24th April 2021
- Provisions to be made to provide ambulance to patients who are not admitted in a hospital and are referred to another
- Allocation of ambulance services in every hospital
According to Advocate Anuj Chauhan, representing the petitioners, they intend to fully hold the hospital and the government responsible.
The division bench comprising of Justices Vipin Sanghi and Jasmeet Singh, by its order dated 25th May 2021 directed the NDMA to be made a party to the suit and the hospital to file a fresh affidavit appropriately responding with the facts of the case.
Case: W.P.(C) 5155/2021
HARPATI AND ORS.