The Delhi High Court has expressed its satisfaction on the measures that are being taken by the Government with respect to the Non-COVID Patients, having medical emergencies as well as those patients who need treatment such as chemotherapy, dialysis, medical care to pregnant women, despite the enormous pressures which are already existing on the hospital staff and other agencies.
“At the outset, we take this opportunity to applaud and commend the work being done by the doctors, nurses, paramedical staff and all others associated with them in various hospitals and dispensaries and clinics. We also appreciate the brilliant work being done by the other Government agencies on the Administrative side including police, armed forces, paramilitary forces, to name a few, who amongst other tasks are helping the health workers. COVID-19 is an unprecedented calamity, globally, which has left no country, across the globe, untouched with its scathing and devastating effect,” the Court said.
A bench of Justice J. R. Middha & Justice Jyoti Singh was hearing a PIL seeking a direction to the Central and State Government to provide medical aid and treatment to patients suffering from varied illnesses and diseases, other than COVID-19. The grievance of the petitioners was that the hospitals are not attending to many cases of medical emergencies and many a times are refusing to entertain patients wanting to undergo dialysis or chemotherapy. Sum and substance of the grievance was that the hospitals should entertain and render medical aid to all the medical emergency cases other than those of COVID-19 as also treat patients with cancer or other ailments concerning nephrology, cardiology, etc. as they too are life threatening.
Central Government Submitted during the hearing that it has issued detailed guidelines for enabling delivery of essential medical services including measures for providing Reproductive, Maternal, New Born, Child and Adolescent Health services including Antenatal services, routine Antenatal care services, Intrapartum services, i.e. ensuring safe institutional delivery during the COVID-19 outbreak. Availability of dedicated Ambulances separately for COVID and non-COVID patients as well as blood banks remaining functional is being ensured. Similarly, Postpartum and New Born care measures have also been incorporated in these detailed guidelines, with directions to the concerned Authorities to contact the family, telephonically, to assess the health status of the child for any medical complications. Directions have been issued to the concerned Authorities to ensure uninterrupted drug supply for people suffering from diseases like Tuberculosis, Leprosy, Viral Hepatitis, etc. For illnesses like Hypertension, Diabetes and other NCDs in known/diagnosed patients, regular supply of medicines for upto 3 months through various agencies would be ensured, on prescription.
Appearing for Centre, Mr. Ahluwalia further points out that Telemedicine Guidelines have also been issued. A citizen- friendly web based teleconsultation “e-Sanjeevani OPD” that aims to provide healthcare services to patients through safe and structured video-based clinical consultations between a doctor in a hospital and a patient in the confines of his home, has been developed.
Central Government submitted it is taking all necessary measures to ensure that non-COVID illnesses and diseases are attended to and all possible medical aid and treatment is rendered, besides taking care of all medical emergencies.
Delhi Government, also apprised the Court of the measures being undertaken by it with regard to providing medical aid and treatment to the non-COVID patients.
Appearing for Delhi Government Advocate Mr Satyakam, submitted Delhi Government is completely committed to ensure that no one suffers due to the Pandemic and every effort is being made to treat the patients suffering from non-COVID illnesses and diseases as also to address other grievances of the patients.
He informed the court that Delhi Government has already set up a Control Room which is operational 24X7 in case of any grievance, if the aggrieved person cannot be able to contact the Medical Superintendent of the concerned hospital. The telephone numbers of these 24X7 control rooms have been published and are in public domain. He submits that in order to redress the emergency medical treatment required by a citizen of Delhi, a Circular has been issued on 13.04.2020 by the Government of NCT of Delhi, which has amended the Guidelines issued for operationalising assistance through Delhi Arogya Kosh.
Delhi High Court noted, “There can hardly be any doubt that given the magnitude of the calamity and the pandemic, the task undertaken by the health workers or the other workers on the frontline, both inside and outside he hospital, of rendering medical aid and treatment to a patient suffering with COVID-19, is a gigantic and herculean task.”
“Every single day is posing new challenges. At this stage, therefore, for anyone to undermine the efforts put by the medical staff or the Government agencies in providing medical aid and assistance, would, in our view, not only be wholly unfair and inappropriate but also demotivating for those working dedicatedly and tirelessly, 24×7 on ground,” it further said.
“we are of the view that the respondents have formulated detailed Guidelines for putting into place an effective system of treating non-COVID illnesses and diseases to the best of their capacity, given the enormity of the calamity they are faced with,” said Delhi High Court.
Delhi HC said, “Delhi Government has also activated a dedicated WhatsApp number for receiving complaints/ requests from the citizens in case of any difficulty in receiving medical treatment. The WhatsApp number according to the Office Order issued on 17.04.2020 would be uploaded on the website of the Department of Health and Family Welfare for wider publicity to enable the citizens to make use of it.”
Court directed Government to give wide publicity to the helpline numbers and continue to render medical aid and assistance to the citizens. The Committee which has already been constituted to oversee the health issues would continue to monitor the situation to ensure that non-COVID patients are also taken care of.
Needless to state that if any citizen has any grievance, it can approach the competent Authorities in the Government, to seek appropriate redressal through the helplines and dedicated Whatsapp numbers, said Court.
-India Legal Bureau