Lapses in providing timely medical treatment violates right to life: HC

Observing that shortcomings and lapses in providing timely medical treatment to a patient would violate the fundamental right to life, the Bombay High Court recently ordered the Maharashtra government to pay Rs 5 lakh compensation to the kin of a 82-year-old woman, who was found dead in a civil hospital's toilet after seven days. The HC said preserving the human life is of utmost importance and the fundamental right to life is paramount even during the Covid crisis.

A bench of Justices Sanjay Gangapurwalla and Shrikant Kulkarni also held that the doctors irrespective whether working in public or private hospitals, are under obligation to extend their services to protect human lifes.

"Every doctor has professional obligation to extend his medical services with due expertise to protect human life. In a welfare state, it is the primary duty of the government to secure welfare of the people," the bench said.

"Providing adequate medical facilities for the people is an essential part of obligation undertaken by the government in a welfare state. The government discharges this obligation by running hospitals and health centres, which provide medical care to the persons seeking avail of those facilities," the judges observed.