New Delhi: The healthcare system in Delhi is “not in good shape” and inadequate testing and delay in providing the test results “may increase the burden on already overstretched existing healthcare infrastructure”, Advocate Om Prakash, who was appointed as the amicus curiae in a suo moto petition, told the Delhi High Court.
The high court had initiated a suo moto petition on 26 May after a video surfaced, where a Delhi resident narrated how his Covid-19-positive mother was denied a bed and ventilator facilities at a private hospital.
Advocate Prakash was appointed as the amicus curiae in the matter. He has submitted two reports to the court — on 2 June and 6 June.
His recent report, perused by ThePrint, noted, “The Respondents need to act promptly with all sensitivity and sincerity to ensure that every Covid-19 serious patient is properly treated and admitted in the hospitals (government/private) on time and the government is required to devise ways out to prevent occurrence of any such instance.”
The report submitted on 2 June had also said that shifting of patients is the hospital’s responsibility and therefore, hospitals should continue to treat Covid-19 positive patients until they are shifted to hospitals with ICU/ventilator facilities.
“Hospitals (private & government) cannot refuse treatment to a patient as refusal of treatment by a hospital violates the fundamental right of the patient as contemplated under Article 21 of the Constitution of India,” it noted.
“Action is required to be taken against the erring hospital after following due process of law,” the report added.
Advocate Prakash also suggested that every time a hospital doesn’t comply with government instructions or orders, “action should be initiated against such hospital in fixed timeline”.
The report asserted that complaints or requests from callers should be addressed swiftly and orders disposing of such complaints should be uploaded on the government website.
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Discrepancy in information on govt’s app
The amicus’ 6 June report began with the submission that its intent was not to criticise the government but to “underline the shortcomings in the existing Healthcare System in Delhi in dealing with the Covid-19 patient’s ordeal with all the alacrity it warrants with everyday increase in Covid-19 patients”.
The report also referred to news reports and social media accounts to underline the shortcomings in the functioning of the ‘Delhi Corona Mobile Application’, developed by the Delhi government.
Among other things, it highlighted the “discrepancy/mismatch” in information on the number of vacant beds/ventilators shown on the app and those actually available in the Covid-19 hospitals.
The report also referred to specific instances, as reported in the media, of people running from hospital to hospital to find vacant beds, and of patients dying due to refusal of treatment by the hospitals.
Furthermore, the report submitted on 2 June pointed out that all the Covid-19 helpline numbers advertised by the Delhi government were either unreachable or non-functional.
It suggested that each healthcare facility (whether private or government) should mandatorily report the bed occupancy thrice a day to the Directorate General of Health Services (DGHS), with specifics on isolation beds, oxygen-supported beds, ICU beds, EWS beds, ventilator supported beds, etc.
This data, it said, should then be updated thrice a day online.
It was based on these two reports, and submissions made by the Delhi government, that a bench comprising Chief Justice D.N. Patel and Justice Prateek Jalan Monday, directed the central and Delhi government to ensure that testing is carried out by government-run hospitals as far as possible, subject to availability of testing kits and priority should be given to those with a doctor’s recommendation.
The court also told the government to ensure that real-time data is updated on their Covid-19 portals.
The case will next be heard on 25 June.
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