HC seeks AIIMS response on cancer patient's plea to provide treatment

The Delhi High Court has sought response of the Centre and AIIMS on a plea by a woman, suffering from fourth stage of esophageal cancer, seeking direction to the hospital to provide her medical treatment. Justice Navin Chawla, in an interim order, asked the All India Institute of Medical Sciences (AIIMS) to examine and render full treatment to the woman if she goes there till January 16.

"Till the next day of hearing, in case the petitioner (woman) produces herself for examination/ treatment before the respondent no. 2 (AIIMS), it shall examine and render full treatment to the petitioner," the court said and listed the matter for further hearing on January 16.

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52-year-old Shashi Bala filed a petition in the high court seeking direction to the AIIMS to provide her treatment according to her present medical condition and after considering her previous reports and tests conducted in two different hospitals. Esophageal cancer is the one arising from the esophagus — the food pipe that runs between the throat and the stomach.

Advocates Lalit Naagar and Ashish Negi, appearing for the woman, also sought direction to the central government to frame guidelines to be followed by government hospitals wherein no patient should be denied medical treatment if he/ she is earlier treated at some other hospital.

"Denial to admit or treat the woman, who is suffering from fourth stage of cancer, is violation of her fundamental rights... The condition of the woman is weak and fragile and if she is not treated by AIIMS, she might lose her life. Failure by AIIMS to provide timely medical treatment to a needy person abrogates his/ her right to life guaranteed under Article 21," the plea said.

It said the woman was earlier being treated at Batra Hospital and thereafter at Rajiv Gandhi Cancer Institute and Research Centre but the treatment was not satisfactory. The plea said the woman's son went to the oncology department at AIIMS on December 6, where he came to know about the process for getting an appointment with the doctor.

He got to know that his mother's case comes under Gastro-Intestinal Clinic where a team of doctors will see patients and their reports on December 11. On December 11, he visited AIIMS again to show the reports and the doctors refused treatment saying they would not "entertain or take outside cases," the plea alleged. It claimed that the doctors said they only take those cases where the patient directly comes to them. 

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