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HIGH COURT OF DELHI
Date of Decision: 7th May, 2021
MR. BRIJPAL SINGH ..... Petitioner
Through: Mr. Kamlesh Kumar, Advocate.
Through: Mr. Gautam Narayan, ASC, GNCTD with Ms. Dacchit Shahi and Ms. Ritika Vohra, Advocates for R-1 & 3.
Mr. Tushar Sannu, Standing Counsel for IHBAS with Ms. Ankita Bhadouriya and Mr. Subham Jain, Advocates with Dr. Nimesh G. Desai and Dr. Suman from IHBAS in person.
JUDGMENT
1. This hearing has been done through video conferencing.
2. The present petition has been filed through the son of the Petitioner, who is a 83-year old senior citizen, in the hospital run by the Respondent no.2. i.e., Institute of Human Behaviour and Allied Sciences (hereinafter, “IHBAS”), on 29th April 2021 due to an emergency medical condition suggesting a neurological ailment.
3. The case of the Petitioner is that he suffered a brain stroke on 29th April, 2021 and was admitted to IHBAS. He thereafter was detected with fever and upon conducting an RT-PCR test, he turned out to be positive for COVID-19 2021:DHC:1539
4. The grievance of the Petitioner in the present petition is that IHBAS, not being a designated COVID-19 hospital, has asked the Petitioner’s attendant to shift the Petitioner into a COVID-19 hospital.
5. Two legal notices are stated to have been sent to the hospital. The prayer in this petition is to direct the Respondent- hospital to treat the patient there itself, and not discharge him, as it would jeopardize his life and chances of survival.
6. Yesterday the matter was listed before this Court and ld. Counsels appearing for the Respondents were asked to take instructions.
7. Today, during the first call of the matter, ld. Counsel for IHBAS was directed to seek instructions on the total data of the number of patients currently admitted in the hospital, and the different departments that they are admitted in. The ld. Counsel was also directed to obtain instructions on the lay out of the hospital, and the availability of beds, as the court was informed that out of a capacity of 236 beds, only 30-40% of the beds are currently being utilised.
8. All ld. counsels for the parties have reverted with instructions. Mr. Gautam Narayan, ld. ASC appearing for the GNCTD, submits that a bed can be made available to the Petitioner, in Lok Narayan Jai Prakash Hospital (hereinafter “LNJP”), which is also a COVID hospital and also has the facilities even to take care of the Neurological/Cardiac issues of the Petitioner.
9. Mr. Tushar Sannu, ld. Counsel appearing for IHBAS submits that the hospital is not treating this case in an adversarial manner, and the patient is currently stable with 5 MTs oxygen. He has been kept in a transit COVID facility, where three COVID patients are currently admitted.
10. The Petitioner had tested COVID positive on 30th April, 2021 and the report was received on 1st May, 2021. He had developed symptoms of COVID-19, around two to three days prior to 30th April, 2021.
11. It is submitted by a team of doctors from IHBAS, including Dr. Desai and Dr. Suman, that the patient has neurological as also cardiac issues, and hence it would be advisable for the patient to move to a general hospital like LNJP rather than a specialised hospital like IHBAS.
12. Ld. counsel for the Petitioner, as also Mr. Mahesh Rathi, i.e., the son of the Petitioner, have both expressed a deep sense of apprehension in shifting the patient from IHBAS to LNJP Hospital, on the ground that the main problem which the Petitioner is facing is a neurological issue, which can be taken care of at IHBAS in a proper manner. Further, the apprehension of the ld. Counsel for the Petitioner, is also that the patient is not comfortable in being moved to a general hospital, and he is satisfied with the treatment he is receiving at IHBAS. It is further submitted that the COVID symptoms having occurred around 28th -29th April 2021, the crucial period has already passed and the Petitioner is stable. Thus, he may not require any complex treatment for COVID.
13. The Court has heard all ld. Counsels for the parties, as also the son of the Petitioner.
14. The GNCTD has assured the availability of a bed for the Petitioner in LNJP Hospital, with transport facility through an ambulance from IHBAS to LNJP. However, ld. Counsel for the Petitioner, as also the son of the Petitioner, have expressed their discomfort to the Court stating that the Petitioner is an 83 year old person, who is also facing various medical issues. They, therefore, do not wish to move the Petitioner from IHBAS. The risks associated with the doctors and arrangements at IHBAS, it being a non- COVID facility, have also been appraised of to the ld. counsel and son of the Petitioner. However, despite the choice being available to move to LNJP Hospital, both the counsel and the son of the Petitioner have opted to let the Petitioner remain in IHBAS.
15. In view of the above, considering the fact that medical acceptability for the Petitioner to move to LNJP hospital is not there, it is directed that the Petitioner- patient, would continue to remain at IHBAS.
16. This Court is confident that the IHBAS would endeavour to give the best care and treatment possible to the Petitioner under the present circumstances. It is made clear, that IHBAS would not be held liable in any manner, inasmuch as the Petitioner and his family are conscious of the fact that the doctors at IHBAS may not have the same specialization required for a COVID patient - it not being a COVID-19 designated hospital and also due to the fact that it is on the Petitioner’s insistence that he is not being moved to a COVID facility. The apprehension of IHBAS is completely assuaged, in view of the observations recorded above.
17. In addition, during the course of this hearing, it has been revealed that IHBAS has a total capacity of over 200 beds, and at this point of time, approximately only about 50 beds are occupied.
IHBAS is stated to have already moved a proposal to the GNCTD, to make available about 60 to 80 beds, and convert the same into a COVID facility, vide letter dated 6th May
2021. The said letter states as under:
18. Considering the acute shortage and severe demand for beds pertaining to COVID-19 patients and COVID-19 related facilities in the city of Delhi, the Principal Secretary, Ministry of Health, GNCTD, shall process the proposal from IHBAS, which has been sent. Copy of the proposal be also handed over to the ld. Counsel for the GNCTD.
19. If any additional measures are required to be taken for making the 60 to 80 beds at IHBAS as a specialised/ designated COVID facility, the same shall be done by the GNCTD in coordination with the hospital authorities. Further, an endeavour shall be made to immediately operationalize the said COVID facility at IHBAS, as per the applicable protocols and norms.
20. On this issue of the creation of a COVID-19 facility at IHBAS, ld. Counsels to report to the Court on the next date.
21. List on 13th May, 2021.
PRATHIBA M. SINGH JUDGE MAY 7, 2021/dk/Ak