SHC moved against denial of first aid without COVID-19 test reports

The Sindh High Court (SHC) on Thursday issued notices to the federal and provincial health authorities as well as public and private hospitals on a petition seeking the issuance of directions to health facilities to provide first aid to every patient without first asking them to produce their COVID-19 test report.

Advocates Asim Iqbal and Nadeem Sheikh filed the petition in the SHC saying that all public and private hospitals are duty-bound to provide basic emergency medical care, and that the injured and other patients have the right to receive such treatment as well.

The advocates said that it has been noticed that during the COVID-19 crisis, whenever a patient approaches a doctor or a hospital in an emergency situation, even if it is unrelated to the novel coronavirus, medical professionals available at clinics or other health facilities avoid providing them first aid.

The petitioners said hospital administrations ask patients for their coronavirus test results instead of providing them first aid, which not only delays their medical treatment but has also resulted in the deaths of several patients.

The advocates said that public and private hospitals have closed their outpatient departments to patients afflicted with different ailments and are not treating other diseases, which has been causing problems to such patients.

The petitioners said that first aid is the provision of initial, immediate and on-the-spot treatment to victims of accidents or sudden illnesses that is usually performed by inexpert persons until professionals take over.

The advocates said that certain self-limiting illnesses or minor injuries may not require further medical care beyond the first aid intervention, and that due to the increasing number of accidental emergencies, there is a need for first aid management and preventive services.

The petitioners said that these services help reduce the mortalities, morbidities, disabilities and impairments caused by road traffic accidents — like head injuries, fractures, chemical or electrical burns, poisoning, drowning, bleeding, seizures, fainting, sunstroke, sudden cardiac arrest, etc. — and first aid is a measure to save lives.

The advocates said that refusing to treat a patient in the absence of a coronavirus test is tantamount to denying them their basic fundamental right, which has been causing deaths of patients after not receiving timely intervention of hospitals and medical professionals.

The petitioners said the federal and provincial health authorities are responsible for taking stern action against hospital managements and medical professionals who have been refusing to provide first aid to patients and asking them to first produce their COVID-19 test results.

However, added the advocates, the authorities have completely failed in discharging their legal and constitutional duties, while the public is suffering due to such harsh, illogical and illegal attitude of hospital managements and medical professionals.

The petitioners said that every patient has the right to receive treatment without any discrimination based on their illnesses or conditions, including their HIV status, and that patients have a right to safety and security in the premises of hospitals.

The advocates asked the court to direct the health authorities to immediately investigate the matter and take stern action against the hospitals or medical professionals who are found to be involved in denying first aid to patients in the absence of their COVID-19 test results.

The petitioners also requested that the court direct the federal and provincial governments to ensure that first aid is provided to every patient without first asking them to produce their coronavirus test report.

The advocates also asked that outpatients departments be reopened to patients because many of them have been suffering due to their closure and are finding it difficult to receive emergency medical services.

After the preliminary hearing of the petition, the court issued notices to the federal and provincial health authorities as well as public and private hospitals to file their comments on May 13.