Skip to main content

Surgery for poor man: Indian High Court demands solution

The Delhi High Court Tuesday issued notice to the Centre, city government and All India Institute of Medical Sciences (AIIMS) on a plea by a person seeking a direction to the hospital to provide him free treatment costing nearly Rs. 800,000 for Reiter’s disease.

Justice Vibhu Bakhru sought a response from the central and the Delhi government health ministries and the hospital by September 26 while asking them to come up with a solution to the issue.

In his petition, Sarvesh, 38, said he has been left crippled and immobile because of the ailment and urgently needs a total hip-and-knee replacement surgery but being poor he cannot afford it.

His wife, the only earning member in his family, works as a domestic help in Delhi on a meagre salary of Rs4,000 which is insufficient to feed a family of four, and it is thus impossible for him to arrange Rs800,000 for the surgery, he said in his plea.

Sarvesh used to work as a casual labourer before he was immobilised due to Reiter’s disease in 2012. The initial treatment, at AIIMS, stopped the disease from getting aggravated. But his knees and hips remain immobile.

Sarvesh then went to Primus Hospital under the EWS category for hip-and-knee replacement surgery where the doctors referred him to AIIMS saying the surgery involved too many complications and could be performed only at AIIMS.

He was admitted to AIIMS and was given a date for the surgery, May 15. However, the surgery was not performed as he was unable to pay for it.

Sarvesh said he made several representations to the AIIMS authorities, Delhi government and the union health ministry requesting them for free treatment. However, the AIIMS authorities reiterated that the surgery could not be performed until the money was paid.

Appearing for Sarvesh, advocate Ashok Agarwal told the court that this action of AIIMS is “violating his human and fundamental right to life”.

He added that AIIMS being a government hospital is under a constitutional obligation to provide free medical treatment to the poor.

Reiter’s disease, also known as reactive arthritis, is an auto-immune condition that develops in response to an infection in another part of the body.

Article referred: http://post.jagran.com/delhi-high-court-issues-notice-to-centre-aiims-for-refusing-surgery-to-poor-man-1408445593

Comments

Most viewed this month

Amendment of plaint under Order VI Rule 17 of the CPC explained

Cause Title :  Ganesh Prasad vs Rajeshwar Prasad, SLP (C) NO. 28377 OF 2018, Supreme Court Of India Date of Judgment/Order : 14/3/2023 Corum : J. B. Pardiwala, J. Citied:  Revajeetu Builders and Developers v. Narayanaswamy & Sons and Others reported in (2009) 10 SCC 84 North Eastern Railway Administration, Gorakhpur v. Bhagwan Das reported in (2008) 8 SCC 511 P.A. Jayalakshmi v. H. Saradha and Others reported in (2009) 14 SCC 525 B.K. Narayana Pillai v. Parameswaran Pillai and Another reported in (2000) 1 SCC 712 A.K. Gupta and Sons Ltd. v. Damodar Valley Corporation reported in AIR 1967 SC 96 Life Insurance Corporation of India v. Sanjeev Builders Private Limited and Another, Civil Appeal No. 5909 of 2022 dated 01.09.2022 Firm Sriniwas Ram Kumar v. Mahabir Prasad and Others reported in AIR 1951 SC 177 G. Nagamma and Another v. Siromanamma and Another reported in (1996) 2 SCC 25 Praful Manohar Rele v. Krishnabai Narayan Ghosalkar and Others reported in (2014...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...