Don’t send away any patient: HC

The High Court yesterday observed that no patient, regardless of whether they are infected with coronavirus, can be deprived of treatment at any government or private hospital.

If a patient dies or is deprived of treatment at a hospital due to negligence, it would be considered a criminal and punishable offence, the HC said.

The HC directed the authorities concerned of the government to take appropriate legal actions against those who display negligence when providing treatment in hospitals.

In response to five separate writ petitions, the HC bench of Justice M Enayetur Rahim ordered authorities concerned to ensure that no government or private hospital in the country refuses treatment to any patient -- infected with Covid-19 or not.

It asked the government to strictly enforce the directives issued by the Directorate General of Health Services (DGHS) on May 11 and 24 for ensuring treatment of patients at all hospitals.

The HC directed the authorities concerned to inform people through media and regular bulletins the number of Intensive Care Unit (ICU) beds at government hospitals and their condition so that patients can easily and quickly avail ICU services.

The authorities concerned have been asked to make ICU beds management more accountable and to launch a hotline named ICU Hotline so that patients can communicate with authorities in this regard.

The court ordered the health ministry and DGHS to set up a monitoring cell to ensure that private hospitals provide proper treatment to patients and that they do not charge extra or unreasonable fees.

The authorities must ensure that the hospitals concerned continue providing dialysis and other necessary treatment to non-Covid-19 patients.

The HC directed authorities concerned to fix the retail price of oxygen cylinders, as well as their refilling price, and to display the prices at the outlets and shops so that the customers are not charged extra.

The authorities can take necessary measures to stop selling oxygen cylinders without prescription from registered doctors, the HC said in the directives.

The HC bench asked the commerce ministry and Directorate of National Consumer Rights Protection to strengthen monitoring of supply and sale of oxygen cylinders.

The HC bench also asked the government to make a countrywide list of private hospitals with 50 or more beds and get data on the number of Covid-19 and non-Covid-19 patients to whom they have provided treatment after the DGHS directives were issued on May 24. The authorities concerned will then have to inform the court whether the private hospitals have taken legal action against those who failed to comply with the directives.

The court asked the health secretary and director general of DGHS to submit separate detailed reports after complying with the directives to the court in 15 days.

It, however, refrained from passing any order on a writ petition seeking its directives on the government to lock down all of Dhaka city to contain the spread of Covid-19 as the government has decided to categorise areas of the capital into red, yellow and green zones for this purpose.

The HC bench issued the directives following five separate writ petitions filed recently as public interest litigation seeking necessary orders from it. Rights organisation Justice Watch Foundation, Deputy Registrar of Bangabandhu Sheikh Mujib Medical University Dr Sheikh Abdullah Al Mamun, Supreme Court lawyers Mahbubul Islam and Aynunnahar Siddiqua filed a petition each.

Four Supreme Court lawyers - AM Jamiul Hoque, MD Nazmul Huda, Md Mehdi Hassan and AKM Ehsanur Rahman collectively submitted another petition.

The petitioners said it has been noticed from different media reports that certain private hospitals and clinics have refused to treat patients without Covid-19 test results.

Citing the DGHS directives, the lawyers said all hospitals must have separate arrangements for treating suspected Covid-19 patients and private hospitals and clinics cannot refuse treatment to patients, Covid-19 or otherwise, if they have the requisite facilities or equipment.

Advocate Manzill Murshid appeared for Mahbubul Islam, Barrister Mahfuzur Rahman Million argued for Justice Watch Foundation, Advocate Yeadia Zaman stood for Dr Sheikh Abdullah Al Mamun and other lawyers, who are petitioners, placed arguments in support of their own petitions.

Attorney General Mahbubey Alarm, Additional Attorney General Murad Reza and Deputy Attorney General Amit Talukder represented the state during the virtual hearing on the petitions.