Gujarat HC poses question to the centre if they are aware of the lack of ventilators for COVID 19 patients who are dying at Ahmedabad civil hospital

Ukkash Khan | Sastra School of Law, Tamil Nadu | 24th May 2020

The Gujarat HC through Suo Moto Cognizance observed the conditions prevailing at the Ahmedabad Civil Hospital for the COVID -19 patients.

THE ORDER

The Court has directed to the Centre that the reason for the high mortality rate at the Hospital is due to the lack of ventilators.

“It is very distressing and painful to note that the condition prevailing,   as on date,   in the   Civil   Hospital,   is pathetic.   The patients   admitted   for   the   COVID­19   treatment   are   dying”

The Court also listed down the reasons for High mortality cases in that hospital.  Patient care is inadequate with a lack of hygiene.

The change in the shift of doctors leads to discontinuity in inpatient care. The court also lambasted on the health Department for taking inadequate care. The question was raised :

“Does the Health Minister of the State of Gujarat has any idea about the problems which the patients,   doctors, nursing staff and other employees are facing as on date? How many   times   the   Health   Minister   has   interacted   with   the Medical Officers and other staff members in person to understand   their   difficulties   and   problems?”

Also, the court directs the State government to take cognizance of the following issue. The following are the directions given by the court:

1. The doctors who are not performing their duties should be transferred to other states and take the willing doctors to serve the civil hospital.
2. The working conditions of the doctors must be improved
3. Number of ventilators and oxygen beds is a necessity
4. Punitive actions should be taken against the wards who leave unattended on the patients.

It   is   brought   to   our   notice   that   the   problem   of   lack   of adequate number of ventilators at the Civil Hospital can be taken care   of   by   shifting   the   patients   to   

1.  Institute   of   Kidney Diseases  
2. U.N.   Mehta   Institute of   Cardiology. 

The whole problem in the hospital was brought into consideration after an anonymous letter which the Court received on how there is huge misconduct in Ahmedabad Civil Hospital. A report has been prepared by a Medical practitioner at that hospital to tackle the current issues. A   competent and cooperative   Leader is required at times of National emergency like   COVID­19   especially when   Ahmedabad is the hotspot. Moreover, The shortage of essential medications should be adequately made available in the hospital.

CONCLUSION

The Ahmedabad Civil hospital nearly takes care of 80 percent of the COVID patients in the district. The doctors are not even conducting testing due to the lack of infrastructure which has been causing a big spread on the virus since they are left in the general ward and not in the isolation ward.

Without the guarantee of health, constitutional freedom is completely absurd. It is high time to consider this serious issue. This issue was observed by the division bench comprising of Justices J B Pardiwala and Ilesh J Vora.