Improving Patient Care: Court’s Legal Analysis

In a recent legal case, the court’s analysis focused on identifying and rectifying deficiencies in patient care for Covid-19. The court’s scrutiny emphasized the importance of constant supervision, monitoring, and remedial action for hospital improvement. This blog delves into the legal aspects of the case, highlighting key decisions, guidelines, and corrective actions taken by the authorities to enhance patient care during the pandemic.

Facts

  • Notice was issued in a Suo Motu writ petition to identify deficiencies in patient care for Covid-19 in hospitals in Delhi and other States.
  • The purpose was to prompt remedial action to improve patient care.
  • The Union of India, Delhi Government, and other States have filed their affidavits in response to the notice.
  • The Union of India highlighted abnormalities and steps taken to address them in its affidavit.

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Arguments

  • The State of Maharashtra has fixed the rate of testing at Rs.2200/- and Rs.2800/-
  • The State conducts more than 16000 tests every day

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Analysis

  • The Government of India has taken decisions based on a report for reducing testing in NCT Delhi.
  • Continuous supervision and monitoring of government hospitals in NCT Delhi and other states is crucial.
  • Expert Committees consisting of senior doctors have been directed to inspect and supervise all hospitals in Delhi caring for Covid patients.
  • Increase in testing per day in NCT Delhi has been mandated, with specific targets set.
  • Guidelines for proper treatment of Covid-19 patients and handling of bodies have been framed by the Union of India.
  • Issues with supervision, lack of CCTV cameras, and deficiencies in hospital functions have been noted, prompting corrective actions.
  • Uniform discharge policies for Covid patients are required across all States/Union Territories.
  • The importance of constant supervision, monitoring, and remedial action for hospital improvement has been emphasized.
  • Installation of CCTV cameras in wards and the role of attendants for Covid patients have been highlighted for better patient care.
  • Guidelines and directions need to be uniformly followed by all States/Union Territories for Covid-related facilities and tests.

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Decision

  • Mr. Tushar Mehta, learned Solicitor General conceded that positive patient reports shall be given to the patient or relatives.
  • States are directed to supply a copy of the patient’s report to the patient, relatives, and hospital.
  • Counsel for the State of Maharashtra to obtain instructions on not providing reports to patients and advise the State to issue an order allowing report sharing.
  • Intervenors’ suggestions have been included in the intervention applications.
  • Case to be listed in the third week of July 2020.

Case Number: SMW(C) No.-000007 / 2020

Click here to read/download original judgement

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