A Ray Of Hope For Patients With False Negatives! RT-PCR Positive Report Is Not Mandatory For Hospital Admission, Says Delhi High Court

Priya Chaudhary

Nowadays Delhi is going through a war like situation and the need of the hour is aggressive testing and immediate hospitalisation/medical care for all those who are suspected Covid-19 cases.
Unfortunately, in the last couple of weeks Delhi has faced reduction in the number of tests being conducted and what’s more dismaying is that people who are awaiting their test reports or are in possession of reports showing false negatives, but are in a dire need of medical treatment/ oxygen support are being shunned away by the hospitals all over Delhi. The result whereof is that those patients whose lives could have been saved are left at the mercy of laboratories, which are not giving out reports in a time bound manner, and the hospitals which arbitrarily reject admission to all such patients.

In view of the above, a Public Interest Litigation had been filed before the Hon’ble Delhi High court by Advocates Praveen K Sharma and Dhananjay Grover. The same was listed before the bench of Hon’ble The Chief Justice of Delhi High Court and HMJ Jasmeet Singh today i.e. 26.04.2021 and was argued by Senior Advocate Sacchin Puri.

After hearing the concerned parties, the bench headed by Hon’ble the Chief Justice, Delhi High Court has been pleased to direct the Delhi Government to ensure that no hospital in Delhi should refuse admission to those patients who are critical with Covid-19 associated symptoms and are in immediate need of hospitalisation, for want of a positive RT-PCR report. The Delhi Government has been directed to give wide publication to its circular so that public at large is made aware of the position that hospital admission cannot be refused to any such patient.
The Hon’ble Chief Justice was further pleased to direct the Delhi Government to add more testing centres and upgrade the infrastructure for streamlined collection of samples for RT-PCR so as to combat the current war-like situation in an efficient manner by doing more tests.

It is requested to all that this message be circulated and brought to the attention of general public so that there may not arise a situation wherein a patient suffering from covid-19 associated symptoms is denied hospitalisation on the basis of frivolous and vexatious reasons like non possession of RT-PCR positive report.

Jaideeep Ahuja vs Govt. of NCT of Delhi & Anr.
 
Counsels:
Sacchin Puri Senior Advocate with Praveen Sharma & Dhananjay Grover, Advocates.