Gujarat HC sounds a note of caution to Principal Secretary, Health

The Gujarat High Court in its order regarding Covid-19 situation in the State has sounded a note of caution particularly to Principal Secretary, Health regarding eventual possible restriction on admission of patients in Govt run Civil hospital. Following is the portion of Civil hospital related remarks by the High Court:

We call upon the learned Advocate General to give us a fair idea
as regards the condition prevailing as on date in the Civil Hospital. Our
order dated 25th May 2020 is quite exhaustive in this regard. However,
we are happy to note that the administration has geared up and is doing
quite well. It is brought to our notice that 47 new ventilators have been
brought at the Civil Hospital to take care of the critically ill. It is also
brought to our notice that the strength of the medical officers has also
been enhanced. It is brought to our notice by the learned Advocate
General that all steps are taken to ensure that best of the treatment is given to the COVID­19 patients.

We would still like to keep a close watch of the functioning of the
Civil Hospital and if we are not satisfied with the same, then we may
have to take some further steps in accordance with law. We direct the
State Government to concentrate on the following issues to maintain the
level of administration and functioning of the Civil Hospital in the
interest of the patients and the specialists, doctors, paramedical and all
others serving at the Civil Hospital.

[1] There should be no shortage of manpower in all categories:
specialists, doctors, nurses, servants, technicians, physiotherapists
etc;

[2] The patients admitted in the COVID Hospitals are
demanding attention and care in terms of the medical care
protocols required for proper treatment. There are different
medical protocols for different categories of patients. There could
be severely symptomatic patients, there could be moderately
symptomatic patients and there could be mild symptomatic
patients and for each of the categories of such patients, the
protocols to be followed are different. It is alleged that the medical
protocols required for different categories of patients are not being
strictly followed.

[3] There is another circumstance which relates to the COVID
patients. No Attendants are allowed to assist and take care of the
patients. Normally admitted non­COVID patients are allowed one
attendant who takes care of their hygiene, their food, their daily. necessities. However, for COVID patients, such care is to be taken
by the Nurses, attendants and other staff of the hospitals.

[4] Although not confirmed, but, there are reports both in the
print and digital medias that the COVID patients have lost their
lives on account of proper care and attention not being provided
to them. It has also come to our knowledge on account of
dehydration and other negligence, COVID patients have lost their
lives.

[5] There are also reports that necessary precaution are not being
taken for the attending doctors and staff in terms of providing
essential protective gadgets, consumables, PPE kits, etc. They
cannot be put to risk under any circumstances.

We, thus, direct that all necessary medical protocols, as are laid
down, for different categories of patients, should strictly be adhered to
so that no life is lost because of any kind of negligence or non­ attendant.
We further direct that all precautionary measures are also strictly
adhered to for the doctors and all other staff as observed above.

…… The Health Minister of the State; the Chief Secretary, Health
Department and all other authorities to keep a very close watch on the
administration and functioning of the Civil Hospital. There should not be
any laxity in this regard. As days are passing by, all steps should be taken to improve the quality of medical treatment and other facilities at
the Civil Hospital. No citizen of this country should gather a feeling that
he is being treated differently than a person with necessary resources.
All the citizens of this country are entitled to protection of their
fundamental rights.

Before we close today’s discussion on the topic of the hospital, we
would like to make a note of something very disturbing, as pointed out
by Shri Brijesh Trivedi, the learned counsel. It is brought to our notice
that the Health Department is unable to withstand the pressure and in
such circumstances, they may start restricting the admission of the
COVID­19 patients in the Civil Hospital. We are sure that the State
Government will never do this. We want the Civil Hospital to function at
its full strength. Not a single bed should be kept vacant. If the Health
Department is not able to withstand the pressure, then it should
immediately make necessary arrangements to increase the strength of
the doctors, nursing staff, etc. We sound a note of caution in this regard,
more particularly, to the Principal Secretary of the Health Department
that in future, if we come to know that deliberately, the admission in the
Civil Hospital is restricted with a view to cope up with the pressure of
work, then we may have to take appropriate action in this regard.
46 The further report of the Civil Hospital shall be placed on record
by the next date of hearing.

DeshGujarat