On Thursday, the High Court of Delhi directed that all private hospitals that have been asked to reserve 20 per cent beds for admitting Coronavirus patients should conduct tests on symptomatic & asymptomatic persons, who seek admission in the hospital for undergoing surgeries & procedures of other nature as well, saying that the Delhi is “fast heading towards becoming the Corona capital of the country, an epithet the city can well do without”.
A bench comprising Justice Hima Kohli & Justice Subramonium Prasad said it was the need of the hour that all private hospitals which are equipped with labs to conduct coronavirus tests & have the sanction of ICMR to do so should be permitted to conduct tests.
The HC also noted that non-COVID patients, who are approaching private hospitals for admission to undergo emergency surgeries & other such procedures, are not being admitted before getting a coronavirus test done, for which they are compelled to go elsewhere.
The Bench said that “It is most unfortunate that non-Covid patients are being made to wait to undergo a test for Covid-19 at labs other than those which are situated within the premises of the hospitals, that is equipped & authorised to conduct the said test".
It added that “In view of the aforesaid situation brought to our attention, it is directed that all the private hospitals in Delhi that have been called upon to reserve 20% beds for admitting COVID-19 patients are equipped with labs to conduct the COVID-19 test & have the sanction of the ICMR to do so, should proceed to conduct tests on symptomatic/asymptomatic persons, who seek admission in the hospital for undergoing surgeries/procedures of other nature as well".
The order came on the application by Lawyer Sanjeev Sharma who contended that there have been several instances where non-COVID patients needing surgery or other procedures were asked to undergo testing before that, but the hospital concerned did not conduct the COVID test since they don’t have the Govt permission.
The application, filed through Advocate Rakesh Malhotra, has also sought a direction to the Delhi Govt & all the hospitals & nursing homes permitted to treat Coronavirus cases to daily publish on their respective websites the status of vacancy of beds so that patients need not run from pillar to post for the same.
Appearing for the Delhi Govt, its additional standing counsel Satyakam filed a status report stating that currently, there are 17 labs in the public sector & their current combined capacity for undertaking Coronavirus tests is 2,900 samples per day. In the private sector, 23 labs have been permitted to conduct the test & their combined capacity of testing is 5,700 samples per day.
However, the lawyer for the petitioner said that the status report is also incorrect as the Delhi Govt hasn't allowed about 6 laboratories from taking up Coronavirus tests. However, the Delhi Govt lawyer disputed this submission stating that the details furnished in the status report have been collated only last night & they are correct.
Following this, the Court issued notice to all the 23 private laboratories who are testing samples to file affidavits clarifying whether they have been permitted to undertake tests for suspected Covid-19 patients by adopting the RT-PCR test or the CB-NAAT test.
“They shall also point out the difficulties, if any, faced by them on account of any bureaucratic red tape,” the court added. It also asked the ICMR to file a status report indicating the number of applications submitted by accredited labs in Delhi that had sought permission to conduct Covid-19 test & the status of the applications.
The matter would be heard next on June 18.
Delhi Govt didn't respond to requests for comment.
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