Mumbai: Shortcomings and lapses in providing timely medical treatment violates the right to life, rules Bombay High Court

Mumbai: Shortcomings and lapses in providing timely medical treatment violates the right to life, rules Bombay High Court

Narsi BenwalUpdated: Sunday, January 31, 2021, 01:04 AM IST
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Observing that shortcomings and lapses in providing timely medical treatment to a patient would violate the fundamental right to life, the Bombay High Court recently ordered the Maharashtra government to pay Rs 5 lakh compensation to the kin of a 82-year-old woman, who was found dead in a civil hospital's toilet after seven days. The HC said preserving the human life is of utmost importance and the fundamental right to life is paramount even during the Covid crisis.

A bench of Justices Sanjay Gangapurwalla and Shrikant Kulkarni also held that the doctors irrespective whether working in public or private hospitals, are under obligation to extend their services to protect human lifes.

"Every doctor has professional obligation to extend his medical services with due expertise to protect human life. In a welfare state, it is the primary duty of the government to secure welfare of the people," the bench said.

"Providing adequate medical facilities for the people is an essential part of obligation undertaken by the government in a welfare state. The government discharges this obligation by running hospitals and health centres, which provide medical care to the persons seeking avail of those facilities," the judges observed.

The judges, further said that the state is duty bound to provide timely care of patients in serious conditions.

"The preservation of human life is of paramount importance," the bench observed, adding, "Shortcomings and lapses in providing medical treatment amounts to violation of right to life guaranteed under Article 21 of the Constitution of India. The State cannot avoid its constitutional obligation in that regard."

The bench was dealing with a PIL highlighting the unfortunate death of Malati Nehete, a resident of Jalna, who was found dead in the toilet of a civil hospital.

As per the petitioner, Mehete tested positive and was kept in a local hospital and from there she was later shifted to the civil hospital, wherein the doctors kept her in the non-Covid ward with other patients. Later, she was again subjected to a Covid test wherein she again tested positive. However, by the time, she was to be shifted to civil hospital, she went missing and her dead body was found lying in the toilet after seven days.

"We have no hesitation to hold that it is because of culpable negligence of doctors, staff nurses and para medical staff on duty in providing medical treatment, Nehate, met with unfortunate death. The doctors, nurses and para medical on duty failed in their duties to provide best medical treatment to her," the judges held.

"In the case on hand, the patient Nehete met with an unfortunate death because of culpable negligence on the part of the doctors, staff nurses and para medical force on duty in providing care and best treatment. It is clear case of violation of Article 21 of the Constitution of India and certainly, her heirs are entitled to get compensation, since the state has failed to provide adequaqte medical treatment to her," the bench added.

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