COVID-19 or Novel Corona virus disease (2019) stands out as the major pandemic crisis we have experienced in the last century. In this review, where healthcare system is important for serving the mankind, it includes some drawback of the Healthcare system on its part.Patient’s life is affected by number of factors including severity of illness, socio-economic status, dependence, poor knowledge of rights avail for consumer protection . In this article, we will talk about the patient’s right to get treatment during a pandemic in case of denial by the doctors.
INTRODUCTION:-
The corona virus, COVID-19 pandemic is the definition global health crisis of our time and the worst challenge the mankind has faced since World War 2. Since its emergence in Asia late last year, the virus has spread to every continent and brought havoc in people’s life. The corona virus family causes illnesses ranging from the common cold to severe diseases such as Severe Acute Respiratory Syndrome (SARS) and Middle East Respiratory Syndrome (MERS), according to W.H.O. A virus that has shattered the world economy so badly since 2008 economic collapse and has confined every human on their houses in fear of death has not left many options. And during such crisis putting their life on line the health care workers have been working day and night to save people from this deadly disease. But the question is about the denial of treatment by the doctors.
The Universal Declaration of Human Rights recognised the ‘dignity’ and ‘equality’ of all the members of human family .And from that the basis of the concept of the person and the fundamental dignity and equality of all human being and the notion of patient’s right was developed. Under Article 21 of the constitution, a person’s Right to life and Right to liberty is drafted which gives equal weightage to Right to health. The Supreme Court has interpreted the boarder meaning of article 21 as “Right to Health is integral to Right to Life .” Lack of adequate facilities and medical infrastructure municipal-run, and private hospitals in current times result in decrease of patients which may affect the patients right to life and health indirectly.Proper medical check-upcouldn’t be initiated during any pandemic crisis if the country’s health care facility is not at margin rate.
The Health Department has issued ordered against the private hospitals to not deny treatment to non covid patients, who are having serious critical health issues like dialysis, blood transfusion, chemotherapyetc. On account of fear of contracting COVID-19 or keeping clinics closed. It will result in floating of directive wills inviting punitive measures, including cancellation of licence. Some of the recent cases where Alappuzha Government Medical collage Hospital , allegedly denied treatment to a cardiac patient on the ground that priority should be given to non -covid patients ,which have critically violated the right to life of a person enshrined in Article 21 of the constitution by denying him access to healthcare system.
Probably during this pandemic, every part of the country suffered more or else from not getting adequate treatment from doctors or hospitals whom we regard as a life saviour. If we go by the statistics, in every state more than 10 patient died due to denied treatment and are not economically sufficient to address it to the court. Similarly in Jharkhand ,61 year old woman who needed dialysis died ,while the hospital waited for her test result to determine whether she should be in covid-19 ward or general ward. Again in Bihar a pregnant woman died in the middle of her way to shift hospital from one to another , which is a complete stake to RIGHT TO LIFE.
Article 21 of the constitution gives its citizens the full right to enjoy the healthcare facilities and to have a treatment itself in the country. If the Hospital or the doctor denies to do the treatment ,they are liable under constitution of India. Basically there are two aspects through which a citizen of india can file a petition :-
1. By filing complain against The Government of India , Minister of Health.
2. By filing writ petition before the honourable High court or District court for seeking directions against the hospitals or the government ,that action should be initiated and a treatment should be provided to patient whether a Covid-19 patient or non-covid19 patient.
Recently, during the lockdown a girl who was 85%physically paralyzed was being thrown out of the hospital, and was refused to give treatment . Soon the plaintiff’s father filed a writ petition against the hospital and the doctor , and was immediately admitted to hospital. Another patient was on ventilation and the hospital refused to give a bed inspite of having accomodation for the treatment .Doctor’s being the ‘corona warrior’ threatens the mankind and people are gradually losing their faith upon them.
The Supreme Court provided some grounds upon which if any patient feels that they are not being provided with proper medical treatment and due to which they have suffered certain losses ,and found Medical Negligence on the Hospital ,then as per the negligence act, they can claim for compensation through three aspects:-
• Criminal Liability against the hospital
• Monetary Liability against the hospital as well as doctors
• Disciplinary Action against the doctor as well as the Hospital.
While the focus of entire country, healthcare system is to work for Covid-19 patient management, the concern is of non Covid-19 patient who should not slip through gaps. During this pandemic, pregnant ladies are worst sufferers . Inspite of being critical patient , hospital refuses to admit 9 months pregnant women until she gets Covid-19 test as per hospital’s protocol .She delivered the baby while standing in a queue .Fear of covid-19 is understandable but that should not reach up to a certain level where the country has to question about its democracy and fundamental right
Conclusion:-
In this pandemic crisis,doctor’s are working in frontline and are helping in preserving life. The medical profession is considered as one of the finest Noble profession,working as a ‘corona warriors’. But there are a number of Fundamental Principles which even in the straitened circumstances doctors need to be acutely aware of. Firstly , that everybody is of equal value. Secondly ,the prime concern is that doctors in these circumstances need to work to minimize or reduce harm. The covid 19 or a novel corona virus , which turned into a pandemic in no time leaving everyone in the unsatisfied doubts of how, when, where. Doctors must realize that every patient is equally important and must not deny their services to anyone.
REFERENCES:-
www.who.in
https://m.economictimes.com/industry/healthcare/biotech/healthcare/ensure-non-covid-19-patients-get-proper-medical-care-hc/articleshow/75342650.cms
https://ijme.in/articles/the-fundamental-right-to-health-care/?galley=html
https://thewire.in/law/can-the-judiciary-invoke-right-to-health-to-demand-a-more-vigorous-response-to-covid-19
https://www.thehindu.com/news/cities/Delhi/coronavirus-positive-elderly-man-dies-after-5-delhi-hospitals-denied-him-treatment/article31746100.ece
