How can Gandhi Hospital turn away patients of Covid-19, queries High Court

The order mainly focused on patients approaching Gandhi Hospital for Covid-19 treatment, who are being turned away by the medical staff insisting upon the patients to furnish a Covid-19 positive test report, failing which, they are denied admission and treatment

The Telangana High Court on Tuesday pointed out that Gandhi Hospital is exclusively earmarked to treat Covid-19 patients, how can it turn away patients, forcing them to get a test report from other hospitals.

The High Court division bench headed by Chief Justice Raghavendra Singh Chauhan and Justice Bollam Vijaysen Reddy heard a tag of five public interest litigations passed a common order in all the PILs on Tuesday. The High Court has directed the Telangana Government to direct the Gandhi Hospital to extend Covid-19 testing facility to all the patients who approach the hospital for Covid-19 treatment.

The order mainly focused on patients approaching Gandhi Hospital for Covid-19 treatment, who are being turned away by the medical staff insisting upon the patients to furnish a Covid-19 positive test report, failing which, they are denied admission and treatment.

The CJ Bench found fault with the action of the doctors and medical staff in turning away the patients from extending Covid-19 tests to the patients. When the State says that Gandhi Hospital is the first state-of- art hospital, exclusively earmarked to treat Covid-19 patients, how can it turn away patients, forcing them to get a test report from other hospitals and laboratories, which are almost inundated with samples. By the time, the patient arrives at the Gandhi Hospital with a covid-19 positive report, it will be one or two days and by this time, the patient will slip into serious breathlessness and will succumb, the Bench added.

The Director of Medical Education Dr Ramesh Reddy informed the bench that although there is a laboratory available in the Gandhi Hospital, Covid-19 tests will be done only on pregnant women. This irked the Chief Justice Bench and questioned that when the Gandhi Hospital is designated as Covid-19 hospital, why are you not testing non-pregnant patients.

When the DME reiterated his redundant contention that other than pregnant women, none will be tested, CJ Chauhan termed his contention as most ridiculous arguments made in favour of the Telangana State. Further, CJ said, "I cannot imagine such arrogance from the side of the State. It is amazing behaviour of the DME" CJ expressed deep discontent.

While reiterating the contentions put forth by Dr G. Srinivas Rao, Director Public Health, who informed the court that 1500 rapid antigen testing kits are available in the Gandhi hospital, CJ asked DME as to what these testing kits are meant for.

The Bench in its order said "It is a well-known fact that the Gandhi Hospital was not only the first Hospital designated as Covid 19, it also happens to be attracting a large number of Corona Patients. It is imperative that the Gandhi Hospital must have the testing laboratory so that the patients need not be turned away from the hospitals. If patients are being turned away from the hospital, it may jeopardise the lives of the patients.

The Court is of the firm opinion with the testing facility is indeed extended in the Gandhi hospital and since the Gandhi hospital has the availability of 1500 rapid antigen testing kits there is no reason why the Gandhi hospital is turning away people refusing treatment.

Hence the High Court directed the State government to permit the Gandhi Hospital to extend testing facilities to all the patients who go to the hospital indicating and revealing Covid-19 symptoms. The CJ Bench passed a series of directions mentioned hereunder directing the State Government to implement them and directed the Advocate General Banda Shivananda Prasad to file a report on the implementation of its order by July 27.