SHC issues notices to health authorities, hospitals on petition seeking emergency treatment for all

Published May 8, 2020
Govt and private hospitals are not providing treatment to general patients because of the pandemic, say petitioners. ⁠— Photo by Shameen Khan/File
Govt and private hospitals are not providing treatment to general patients because of the pandemic, say petitioners. ⁠— Photo by Shameen Khan/File

KARACHI: The Sindh High Court on Thursday put the federal and provincial health authorities on notice on a petition against non-provision of treatment to general patients at the government and private health facilities.

The two-judge bench headed by Justice Mohammad Ali Mazhar issued notices to the ministry of national health services, provincial health secretary, three major government hospitals and five private hospitals of the city for May 13.

Two lawyers approached the SHC and contended that the government and private sector hospitals were not providing first aid or any other kind of treatment to general patients due to the Covid-19 pandemic.

The petitioners, Asim Iqbal and Nadeem Shaikh, further argued that instead of providing first aid or emergency treatment to patients suffering from different diseases, accidents or other sudden ailments, the health facilities were asking them to provide the coronavirus test results first. That demand delayed the treatment and not only caused death of several patients, but also spread panic in the public that they would not be attended to in an emergency situation at hospitals.

‘Both government and private hospitals are not providing treatment to general patients because of the pandemic’

They further stated that the main two respondents were the controlling and registering authorities and the remaining respondents both in the government and the private sector hospitals were duty-bound to provide basic emergency medical care and injured persons had the right to get emergency medical treatment and care.

Such a treatment must be initiated without demanding payment/advance, and basic care should be provided to the patient irrespective of their paying capacity, they said.

The petitioners contended that due to the Covid-19 outbreak, the respondents had closed the general OPDs in government hospitals for patients who could not bear the cost of private hospitals and even private hospitals were also closed and were not treating normal/general patients, causing several hitches and hurdles for patients suffering from different ailments.

They further argued that the NHS and provincial health ministry were obliged to take stern actions against hospital managements, doctors and paramedical staff refusing to provide first aid/emergency treatment to the patients and asking them to first produce a certificate of Covid-19 test, but they had failed in discharging their legal and constitutional duties.

They contended that every citizen had the right guaranteed under the Constitution to be provided with care in an environment having requisite cleanliness, infection control measures, and safe drinking water. And if the main respondents could not ensure it, the managements of all hospitals operating throughout the country would continue not to entertain the patients needing urgent medical treatment and would be deprived of a basic necessity of life — medical treatment on an urgent basis.

The petitioners sought directives for the respondents to investigate the matters of non-provision of urgent treatment and take stern action against the hospitals/doctors found involved and to ensure that first aid be provided to every patient at the initial stage without calling/asking for producing a coronavirus test result first.

They also pleaded for opening of OPDs for public at all hospitals and that every patient be treated according to their diseases.

Published in Dawn, May 8th, 2020

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