WHERE DO WE STAND IN MEDICAL EMERGENCIES
COVID19 had made everyone aware about the health including government. The nightmare had caused the fear in the mind of people , the death rates around the globes are increasing due to non availability of beds , ventilators is turning into reality in this pandemic of COVID19.
Entire world is busy in painting the post COVID19 scenario. The situation in India is most serious rather than other countries around the world. The countries especially developing countries are turning helpless as the rates of the COVID19 patients are increasing. India is lacking in providing essential health care to the patients due to non corporation of the private hospitals.
Whether the authorities are doing enough to see that these rights are not violated due to carelessness of the staff of Private hospitals?
Emergency Medical Services in INDIA
India has overall population of 135 Crores , where India stands second largest populated country around the globe. This population had been given certain rights under the Constitution of India, whereas Right to Emergency Medical facility is one of them under Right to Life. As per the reports there are 0.7% beds available for per 1000 patients.
The Supreme Court has repeatedly stated that the top priority must be given to the health care. In India there is no specific law related to the emergency medical services. Medical academics says that there is a Golden Hour in life of the victim where if the victim is provided with emergency medical services the life can be saved , but these ignored in India.
Supreme Court found the need of the emergency medical care in the case of Pt. Parmanand Katara Vs Union of India and Ors. Where the victim died in car accident due to lack of emergency medical care , that’s where the court understood the need of Golden hour.
Again the court came across one more case i.e. Paschim Banga Khet Mazdoor Samithi Vs State of Bengal where a farm labor died by falling from the train due to no emergency medical services and was ignored by 5 Public Hospitals. That’s when Supreme Court held that protecting the Human life is utmost important, denial of the same is the violation of Article 21 under Indian Constitution & hence it is necessary to provide emergency medical services under Fundamental rights.
After that the doctors were also included under Consumer protection Act 1986.
EMERGENCY
MEDICAL CARE IN COVILD19 PANDEMIC
(APPLICATION)
The
National Lock down was announced on 24th March 2020 under Disaster
management Act,it kept on extending till July . The Citizens were alerted to
stay safe at home , the hospitals that were allotted to treat the people
suffering from COVID19 patients denied to provide emergency services .
Instead
of the academics teaching of Golden Hours, the staff denied to provide the
services at emergency level, the reasons came up that they are treating other
COVID19 patients, the emergency services are neglected by the doctors. Many of
the news have come up that XYZ hospitals have denied the treatment of the so
and so patient and the patients have to lose his/her life.
The
authorities have failed to act upon this negligence of the hospitals, even
after passing several guidelines by the Supreme Court.
INITIATIVE BY THE INDIAN GOVERNMENT
After
the several observations by Supreme & High courts finally in year 2006 the
201st Law Commission Report on Emergency Report on Medical care to
victims of accidents and during the medical condition and women under Labor
were discussed in above draft. This is the only Health Care report that discuss
about the emergency medical care. The Report emphasis on the need of the
emergency health care to be given in Golden Hours by every medical institution
may it be private or Public. Further it also brings NGO’s and other private
agencies to come together and work for the same.
The emergency medical care are neglected in India, there is specific law that governs aspects of Constitutional law. It is the serious concern in the pandemic of COVID 19, where the patient may need the emergency medical care. There was a case where an Asthma Patient lost his life in pandemic of COVID19 due to non availability of beds and ventilators, even though the budget is sanctioned by the government. The Bombay High Court and Karnataka High Court has taken this issues as cognizance.
It is the fundamental duty of the hospital to provide and ensure that the safety of the patients is the need of the situation. Unfortunately the situation is neglected. As per the News report maximum people have died due to non availability of emergency medical care. There is need of complying with the 201st Law Commission Report and forming Central Bed Bureau will be a welcomed step to safeguard the rights of the citizens.
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