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On 16th September, the Calcutta High Court that no COVID – 19 patients can be refused to be admitted to the hospital if beds were available. In medical ethics, it is of the basic tenets.
The primary objective of the Private or Government Hospital should be to render healthcare to those who are in need was observed by the Division Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee.
The petitioner raised two issues before the Court in the Public Interest Litigation. One issue was related to the disposal of the dead body with due care, respect, and dignity of COVID-19 victim, and the other one was related to the admissions of the patient who were suspected or detected with COVID-19 patient.
The issue related to the disposal of the dead body was fully covered by the judgment that was delivered on the same day. Under Article 25 there is the right of a decent funeral and immediate family members of the Covid-19 victims should be permitted to perform the funeral with necessary precautions was said in its judgment.
In this case, the petitioner said that even though the beds were available but the hospitals refused for COVID – 19 patient to be admitted and said that in State and Private Hospitals how many beds were available at any given point of time was not known as there was no database available for the same.
The Counsel said that if beds were available the Government Hospital has never denied the admission of Covid-19 patient and they further said that a database was created by the State Government which can be accessed by everyone regarding admission, discharge, and availability of beds for Covid-19 patients.
The Court said that in this case if there was evidence that the Covid-19 patient was not admitted despite the availability of the beds, the notice can be drawn by the petitioner to The West Bengal Health Regulatory Commission under The West Bengal Clinical Establishments (Registration & Regulation) Act, 2010. The Commission on such Complaint made can take action against the hospital as they think fit and proper.
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