HC slams Govt doctors transferring patients to private hospitals for 'money', directs state to frame policy

Allahabad: Observing that the state medical college doctors refer patients to private nursing homes for money, the Allahabad High Court recently asked the State Government to frame a policy to stop the private practice of doctors appointed in provincial medical services and district hospitals in Uttar Pradesh.

Terming the practice of Government doctors transferring patients to private nursing homes as a "menace", the HC bench comprising Justice Rohit Ranjan Agarwal noted, "It has become a menace that the patients are being referred and dragged to the private nursing homes and hospitals for treatment, and the doctors who are appointed by the State Government either under the Provincial Medical Services or in the State Medical Colleges are not treating and attending the patients in Medical Colleges and Government Hospitals, and just for the money they are being referred to private nursing homes and hospitals."

"It is further directed that not only the doctors, who are appointed in the State Medical Colleges, should comply the Government Orders of 1983, but also Government should come out with a policy for stopping private practice of the doctors who are appointed in the Provincial Medical Services and District Hospitals which are situated in the district headquarters throughout the State," the Court further observed.

These observations were made by the Court while considering the case of Arvind Gupta, who is a HoD and a professor at the state-run Moti Lal Nehru Medical College. Medical Dialogues had earlier reported that Rupesh Chandra Srivastava had filed a complaint before the consumer forum alleging that he and his wife were given wrong treatment by Gupta in Phoenix Hospital, which is a private nursing home in Prayagraj district.

In the plea, the petitioner's counsel argued that even though no order was passed by the district consumer forum, the matter came up before the State Consumer Court.

Previously, while considering the matter, the Court on January 2 had directed the State's Principal Secretary, Medical Education and Health, to inform it as to whether a head of department (HoD) in Moti Lal Nehru Medical College, Prayagraj, who is the petitioner in this case, is entitled to practice in any private nursing home or not.

Back then, the Court had also directed the State Government to conduct an inquiry to determine whether doctors appointed at State-run medical colleges were engaging in private practice by nursing homes.

As per the latest media report by Live Law, when the matter was taken up on January 8, the Court was informed by the Additional Chief Standing Counsel that a letter issued by the Principal Secretary of Medical Health and Education had been circulated to all the District Magistrates where the State Medical Colleges were situated, stating "that the Rules which were framed by the State Government on 30.08.1983 should be enforced with rigor".

Accordingly, the Court asked the Principal Secretary of Medical Health and Education to enforce the 1983 Government Order. It mentioned in the order, "Let a personal affidavit of Principal Secretary, Medical Health and Education be filed within two weeks as to the enforcement of the said Government Orders of 1983."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/allahabad-hc-order-271051.pdf

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