Court Directs State to Ensure Continuous Functioning of Critical Care Departments in Government Hospitals
In a significant judgment, the Kerala High Court has directed the State to ensure that medical services in Government Medical Colleges and other hospitals across Kerala remain uninterrupted, especially during faculty strikes. The judgment comes in light of the Public Interest Litigation (PIL) filed by Ajeesh Kalathil Gopi, highlighting the critical need for consistent healthcare services.
The Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., emphasized the constitutional obligation of the State to provide uninterrupted medical services. The court stressed the importance of maintaining operations in critical care departments, emergency services, and life-saving procedures without any disruption.
In response to the court's directives, the State has taken several measures to manage the situation effectively. The Director of Medical Education has been instructed to ensure the smooth functioning of outpatient departments, inpatient services, casualty and emergency services, intensive care units, and other critical departments. Daily monitoring mechanisms have been established to oversee patient inflow, specialist availability, and service continuity.
Furthermore, non-striking faculty members, along with Senior and Junior Residents, have been redeployed, and duty rosters reorganized to ensure continuous specialist consultations and emergency procedures. The State has also strengthened coordination between the Directorate of Medical Education and the Directorate of Health Services to manage patient load effectively.
Special emphasis has been placed on vulnerable patient categories, including those requiring oncology care, dialysis, obstetric care, and pediatric care. The court has directed that any lapse in ensuring continuity of patient care will be viewed seriously, and Principals and Heads of Departments will be held accountable.
The court's decision underscores the critical nature of healthcare as an essential service, as specified in the notification dated March 25, 2020. The judgment concludes by directing the State to maintain uninterrupted medical services, reiterating the State's constitutional responsibility to provide access to public healthcare.
Bottom Line:
State's constitutional obligation to ensure uninterrupted essential medical services in Government Medical Colleges and other hospitals across Kerala.
Statutory provision(s): None explicitly mentioned in the judgment.
Ajeesh Kalathil Gopi v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2863699
