Need for National Law on Emergency Medical Care highlighted

New Delhi: India needs to formulate a national law on the right to emergency medical care, with special focus on trauma care, according to a report.

The report titled 'Global Comparative Research on Right to Emergency Medical Care' pointed out that India lacks a unified federal legislation on emergency care.

While the courts have provided an expansive interpretation to the fundamental Right to Life under Article 21 of the Constitution, there are no binding guidelines on emergency healthcare, except protection of Good Samaritans who help an accident victim within the golden hours, the report, commissioned by SaveLIFE Foundation, said.

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"Pursuant to the fundamental right to preserve life established by Article 21 coupled with the significant impact of millions of lives lost due to preventable deaths in India, it is absolutely essential that a right to emergency medical care Act be established, with a particular focus on trauma care," it said.

The report suggested that such a right can be enshrined by way of an amendment to the Indian Constitution as in the case of the Right to Education Act.

It noted that as per the 201st report of the Law Commission of India, 50 per cent of those killed in road crashes could have been saved had they received timely emergency medical care.

Between 2017 and 2021, 7,36,129 people died in motor vehicle crashes, translating into nearly 403 casualties every day, the report added.

The report pitched for expansion of Good Samaritan Law (GSL) for all medical emergencies.

"In addition to incorporating a strong grievance redressal mechanism to give teeth to the GSL, the right to emergency care Act may expand the scope of GSL to all medical emergencies and trauma cases, and not just road crash trauma for it to enable lay rescuers to save more lives," the report suggested.

Currently, the law relating to the protection of Good Samaritans is covered under Section 134A of the country's Motor Vehicles (Amendment) Act, 2019.

A universal, easy-to-remember access number that would be available nationwide is absolutely fundamental to ensuring timely access to emergency medical care, the report said.

It recommended that hospitals be forbidden to turn back an emergency patient without providing them with even basic care.

"The law should also establish stiff penalties for hospitals in violation of this provision. To ensure seamless transfer of patients between hospitals, inter-hospital transfer agreements may be provisioned for as part of the law and the subordinate rules under it," the report said.

According to the World Health Organization, the objective of emergency medical care is to stabilise patients who are facing life-threatening or limb-threatening injuries or illnesses.

Many countries around the world have established emergency medical care (EMC) laws or developed corresponding high-standard systems to ensure competent emergency medical care for all individuals in need.