Madras HC ruling on government hospital negligence.
News THE NEW INDIAN EXPRESS, THE HINDU
The Madras High Court has reaffirmed that providing adequate medical facilities in government hospitals is a constitutional obligation of the State, and courts can intervene if this duty is neglected. This stance aligns with Article 21 of the Indian Constitution, which guarantees the right to life, encompassing the right to health and access to medical care.
In recent proceedings, the Madurai Bench addressed multiple public interest litigations (PILs) concerning deficiencies in government healthcare services. One PIL highlighted the shortage of qualified dialysis technicians in government hospitals across southern Tamil Nadu, adversely affecting patient care. The court directed the Health Secretary to submit a report detailing the timeline for filling these vacancies .
Another PIL focused on the inadequate maintenance of pharmacies in four government hospitals. Issues raised included improper storage of medicines, lack of refrigeration, and absence of computerized inventory systems. The court issued notices to the state government, emphasizing the need for compliance with the Drugs and Cosmetics Act, 1940 .
Furthermore, the court has addressed cases where the lack of basic infrastructure, such as ventilator support, in certain government hospitals forced patients to travel long distances for critical care. In one instance, the court awarded compensation to a woman whose newborn died due to such inadequacies, underscoring that patients have a legitimate expectation of functional facilities in government hospitals .
These judicial interventions highlight the court’s commitment to ensuring that the State fulfills its constitutional duty to provide accessible and adequate healthcare services to all citizens, particularly the poor and needy.
Sources