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A Delhi based ENT surgeon filed a suit in the Delhi High Court against the Delhi Government's order to limit the COVID-19 test only to the symptomatic category of individuals. The petition was filed by Dr. Manni Hingorani who pointed out that every patient scheduled for a surgery has to get the COVID-19 test done. It was irrespective of any symptomatic or asymptomatic criteria. The order had diverted from the settled medical practice. The plea stated that the order was against the international practice of testing the asymptomatic individuals who have to undergo a medical surgery.
The asymptomatic patients for the COVID-19 and are to undergo surgery, whether elective or emergency, are not given access to the COVID-19 test. The Doctors are not able to provide any treatment or check up to the patients because of the order passed by the Government. It is essential to prevent the transmission of the virus. Even the Asymptomatic COVID-19 positive patient can spread the virus and affect the doctors and nurses while operation. The plea stated that it could be life threatening for the patient, nursing staff, support staff, attendants, and other patients if the patient being operated is a COVID positive patient.
It was contended that the order has affected the rights of the petitioner. It has placed unreasonable restrictions over the rights of the petitioner to carry out her professional duties as a surgeon. The Article 14, 19 and 21 of the Indian Constitution have been violated by the said impugned order. It has posed a significant risk to life of the surgeon and hospital staff. The Government order is in contravention of the Guidelines for safe ENT practice in the COVID-19, which was issued by The Ministry of Health and Family Welfare on June 3, 2020. It outlined the pre-operation screening and COVID-19 testing. The matter is sought to be heard on 9 June, 2020.
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