Delhi High Court directed Max Hospital to constitute a Committee to ascertain potential risk, if any, to a minor girl willing to donate part of her liver to her father.
The direction to constitute a committee was issued keeping in view the lockdown in the country, the condition of the ailing father and the daughter’s claim that she was a compatible match.
A petition was filed at Delhi High Court seeking a direction to the Appropriate Authority appointed under Section 13(1) of Transplantation of Human Organs & Tissues Act, 1994 for allowing liver transplantation and permitting the petitioner to donate part of her liver to her father. Father of the petitioner is suffering from advance stage of liver failure due to liver disease.
The treating doctor of father by way certificate dated 20.03.2020 has confirmed that the petitioner’s father is suffering from CIRRHOSIS of Liver i.e., advance stage of liver failure and required urgent liver transplantation. The certificate of the doctor suggests that transplantation should be done as soon as possible.
It was contended by counsel for the petitioner that her father is having a very high risk score which implies that it is last stage of liver disease and in case transplantation is not done immediately, there is no likelihood he could survive. Date of birth of the petitioner is 22.05.2002 and on 22.05.2020 she would turn a major and presently she is aged 17 years 10 months and about 8 days and is studying in Class-XII and is mentally capable and has mature understanding. It was contended that she has voluntarily and without any force or coerce agreed to donate part of her liver to her father who is the sole earning member of the family. In view of the present prevailing situation by complete Lock-down in the country on account of pandemic COVID-19 there is also no possibility of finding a donor in the near future and the father of the petitioner requires immediate surgery. Medical examination has suggested that mother of the petitioner is not a suitable donor and the petitioner who is the eldest child, is a suitable donor as even the blood group of the father and daughter is the same and as per the tests there is compatibility and higher possibility of the transplantation being successful in case petitioner is the donor.
Js. Sanjeev Sachdeva issued directions to the Director of Max Super Speciality Hospital, Saket to constitute a committee of two senior doctors preferably; one who is an expert in Liver Transplant and Biliary Sciences to consider the case of the petitioner and to ascertain if there could be any potential risk to the petitioner in donating part of her liver to her father and also keeping in view of the present lockdown situation and the medical condition of the father of the petitioner.
Matter to be listed again on 3 April,2020 at 2pm.
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