The Lucknow bench of the Allahabad high court on Friday said that hospitals and doctors cannot refuse or delay treatment to someone injured in a road accident on the ground that medico-legal formalities or police procedures have not been completed.
The court directed the UP government to file its counter-affidavit (reply) within 10 days, detailing the steps taken to ensure compliance with the Supreme Court’s directions and the guidelines issued by the Centre regarding treatment of road accident victims.
The court said every doctor has a professional obligation to protect human life and provide immediate medical care to an injured person, irrespective of whether the person was at fault in the accident or not.
The guidelines also require hospitals to display a charter at their entrances, in Hindi, English and the local language, stating that a bystander or good Samaritan who brings an injured person to the hospital should not be detained or asked to deposit money for the victim’s treatment. The guidelines are applicable to both public and private hospitals.
The PIL included a photograph of a prominent hospital in Lucknow. The photograph showed a notice displayed on the hospital entrance stating that medico-legal cases, including burn and accident cases, were not treated there. The guidelines state that failure by a doctor to respond in an emergency arising from a road accident may constitute professional misconduct and disciplinary action can be taken against the doctor.
It said procedural requirements cannot come in the way of this paramount obligation.
