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The Gujarat High Court, while considering a petition filed by Ahmadabad Medical Association (AMA) and Dr. Malay Devendra Patel, challenging Gujarat government’s order that private doctors and hospitals cannot conduct COVID-19 tests without the approval from designated health officials, ruled that private doctors and hospitals need not wait for approval from the government authorities for carrying out COVID-19 tests on those patients that are categorized in the testing guidelines of the Indian Council of Medical Research (ICMR).
It was argued that certain categories of patients that require urgent medical attention and are in the need for surgeries or are undergoing critical treatment, including the delivery of pregnant women and procedures like Hemodialysis, cannot delay the procedure because of the want for approval from Gujarat Medical Education and Research Society (GMERS), Ahmadabad or from DHO as the procedure is time-consuming and this could wreak havoc for the patients as well as the doctors who are treating such patients.
The Division Bench of Chief Justice Vikram Nath and Justice J B Pardiwala, while delivering the judgment noted that the requirement of prior approval for testing by private doctors and hospitals was delaying the process. The Court referred to the judgment of Telangana High Court which came out recently that quashed the orders of the government, that restricted citizens from getting tested for COVID-19 at private labs, in spite of the prior approval.
It was argued on the part of the petitioner that for a patient to be treated of any other ailment it is necessary that he is tested for COVID-19 and that the doctor is well aware of all the conditions or infections that a person might have as it would otherwise be very difficult for the doctor to treat any patient of any ailment even if it requires urgent attention.
The Court, in its judgment, held that there are categories of patients as per the guidelines of ICMR, in case of whom, the testing should be done and that it would not be insisted that they wait to get prior approval which takes two to four days from the Superintendent concerned of the GMERS, Ahmadabad or from DHO of other districts and that the COVID-19 testing should be done and the only intimation of such patients may be forwarded to the concerned authorities by the treating consultants.
The Court has, however, not interfered with those categories of patients not mentioned by ICMR, but in any case, the Court ordered that such approval should be communicated as soon as possible and possibly within 24 hours.
The Bench while criticizing the policy whilst agreeing with the petitioners, wherein prior approval was required from DHO or the CDHO, stated that “the disturbing feature of this policy is that the DHO or CDHO hardly finds time to grant the necessary permission. It takes two to four days before the permission is accorded and the test is performed. In a given case, this delay may prove to be fatal. In a given case, if such delay proves to be fatal, then who would be responsible”.
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