Govt hospitals should get financial Autonomy so doctors don't face shortage of medicine, equipment during emergency treatments: Bombay HC

Nagpur: The Nagpur bench of Bombay High Court recently clarified that doctors are required to treat patients on emergency basis without any delay and therefore it should be ensured that doctors do not have to face any shortage of medicines or medical equipment while providing treatments to patients.

"...if the treating Doctors are required to face shortage of medicines or medical equipments or both, one can imagine the fate of patients in need of emergency treatment," noted the High Court bench Division Bench of Justice Sunil B. Shukre and Justice M.W. Chandwani.

Referring to the centralised purchase policy applicable for the Government hospitals in Maharashtra, who are compelled to purchase medicines and medical equipment through Haffkine institute, the Court opined that such centralised policy is not relevant with the changed time.

In this context, the bench also observed, "There are grievances of the patients, who happen to take treatment at the Government Medical College and Hospital, Nagpur and some Doctors, who are treating them, about non availability of several essential medicines and medical equipments."

Previously the court had repeatedly directed the State Government to decentralize the purchase of medicines and medical equipments so that reasonable financial autonomy is achieved in that regard, which would ultimately serve the interest of the patients.

Such an order was issued by the bench for the reason that while the other Departments of the Government enjoy reasonable financial autonomy and they are allowed to utilise their financial powers by purchasing the essentials that are required for their official needs, similar kind of autonomy is not available for Government hospitals. These hospitals, run by the Government, are compelled to make purchases of their medicines and medical equipments through Haffkine Institute.

The bench observed at this outset, "Such centralised purchase policy may have been formulated with a laudable objective of making available quality medicines and medical equipments well in time to the Government Hospitals, but today the situation has changed."

In this context the bench reiterated the fact that doctors need to treat patients on emergency basis and noted,

"Health service is a sector where the Doctors are required to treat the patients many a times on emergency basis and many of cases are of such nature that they brook no delay and in such contingencies, if the treating Doctors are required to face shortage of medicines or medical equipments or both, one can imagine the fate of patients in need of emergency treatment."

Although the court took note of the fact that financial autonomy has increased in the health sector in Maharashtra, it opined that the increase is only "marginal". In this context, the bench observed, "The financial independence which was upto the extent of Rs.3 lakhs of purchase, now has been raised to the level of Rs.10 lakhs. Considering today's market conditions relating to medical field, such marginal increase of financial independence is not going to serve in any manner the health sector."

Therefore, directing the authorities to relook at the while issue, the bench ordered, "Something more is required to be done by the State Government and we would urge the Authorities in power to have a relook at the whole issue so that the interest of patients can be served in a better way. Afterall having a healthy society is one of the essential dimensions of the concept of "Welfare State" under Article 39-A of the Constitution of India relating to Directive Principles of the State Policy."

Besides, the bench also sought data regarding the last five years about monthly supply of medicines and noted, "Meanwhile, we would direct both the Deans of Government Medical Colleges at Nagpur to furnish data to this Court for the period of last five years about the dates of the requisitions sent by them calling for supply of medicines/medical equipments every month and the dates on which those monthly requisitions were fulfilled by the respondent no.12 Haffkine Institute."

"We also direct the Public Works Department (Electrical Department) to file on record status report regarding compliance with the directions given by this Court for putting in place fire safety equipments and measures without any delay," further read the order.

The bench also slammed the Public Works Department for not adhering to the previous directions and mentioned in the order,

"The Public Works Department (Electrical Department) appears to have not taken the directions issued by this Court several times in the past seriously. Even the last direction issued by this Court directing it to submit status report has not been complied with. We do not intend to initiate any coercive steps against any of the Authorities, but we would also make it clear that the Authorities must not take directions issued by this Court from time to time casually and if that kind of attitude continues, this Court would be constrained to take recourse to coercive measures."

"The Government Resolution dated 7th May 2021 produced before this Court by Shri Mirza, learned Special Counsel for the respondent State, is taken on record and marked as "D-1" for identification," the order read.

The matter has been listed for further hearing on January 4, 2023.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-order-194597.pdf

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