The following Civil Miscellaneous was submitted under another Civil Writ (PIL) against Apollo. This is my first petition and im happy that it worked. The day we served the petition, the counsel of Apollo Hospital called Sir to say that Apollo agrees to all the demands of our client. But we did bring it to the notice of the Chief Justice of High Court Mr. Shah, in whose Court this matter was listed.It has made me happy..my first petition..and our client is going to sleep peacefully now. He came to meet us today-- for a change he looked relieved and happy.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM NO. --- OF 2009
IN
WRIT PETITION (CIVIL) NO. 5410 OF 1997
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF
All India Lawyer’s Union (Delhi Unit) ………..Petitioner
Versus
Government of NCT of Delhi and anr. ……..Respondents
APPLICATION ON BEHALF OF THE PETITIONER UNDER SEC.151 CPC FOR DIRECTIONS TO THE APOLLO HOSPITAL TO PROVIDE FREE TREATMENT TO THE PATIENT SHRI SURESH RATHORE
RESPECTFULLY SHOWETH-
- The petitioner by the above Public Interest Litigation has highlighted the fact that though the respondent-hospital has commenced its functioning since July 1996 and is obliged in terms of the lease deed to provide completely free treatment to the poor patients to the extent of 33% IPD and 40% OPD of the total occupied beds and of total OPD patients respectively but it has utterly failed to do so. It is submitted that an area of 15 acres of land on Delhi-Mathura Road, Jasola Village, Sarita Vihar, New Delhi was leased out at the rate or Rs. 1/- per month to Indraprastha Medical Corporation Ltd. Apart from 14.83 crores plus interest, a further sum of Rs. 23.83 crores was paid by way of equity capital by the Govt of NCT of Delhi to the respondent-hospital. Thus, a total sum of Rs. 38.66 crores (plus interest on Rs. 14.83 crores) along with 15 acres of prime land on the Delhi-Mathura road was leased out at the rate of Rs.1/- per month to the joint venture constituted by the Delhi government and the Hospital. The petitioner has sought directions against the Apollo Hospital to comply with the provisions in the lease deed and ensure free treatment to poor patients.
- The petitioner by present application seeks to bring to the notice of this Hon’ble court a case of poor patient, namely, Shri Suresh Rathore who needs further treatment from the Apollo Hospital with regard to his medical ailment of calculi (stones) and hydronephrosis in his right kidney and has no money to pay on any account like medicines, consumables, testing and subsequent follow-up, whereas the hospital is asking him to pay nearly Rs. 18000/-. It is submitted that the said patient has already written a request letter dated 03.07-2009 in this regard to the Hon’ble Chief Justice of this Hon’ble High Court with a copy to Shri Ashok Agarwal, advocate for the petitioner.
True copies of the said letter dated 03.07.2009 along with medical papers are enclosed herewith and marked as Annexure A collectively.
- The petitioner submits that the patient, namely, Suresh Rathore, resident of Meethapur Ext, Badarpur, New-Delhi 110044, has approached the petitioner personally as well as in writing stating that he was admitted at the government ward in the Apollo Hospital on 31.10.2006 after having diagnosed with right upper ureteric calculus 15mm with HDM (N) functioning kidney and gross hydronephrosis. Thereafter, Laproscopy operation was conducted at the hospital on him on 01.11.2006 and he was given discharge on 03.11.2006. The patient was again admitted at Apollo Hospital on 10.10.2007 in which DJ Stent removal took place. After the said treatments, which cost the patient approximately Rs 25,000/- towards medicines, consumables and testing, the patient was told that his ailment no longer exists and he was discharged. The findings in his Discharge Summary dated 10.10.2007 clearly stated “stone fragments removed”.
- The petitioner submits that in 2008, the said patient again felt pain in his abdomen for which he approached G.B. Pant Hospital, Delhi, where his X-Ray report showed the presence of right upper ureteric and mid & lower part of right kidney calculus and Grade III Hydronephrosis of right kidney indicating that the ailment, for which the poor patient had spent Rs. 25,000/- while undergoing earlier treatment at the Apollo Hospital, was still present in his kidney.
- The patient rushed back to the Apollo Hospital and was told that another operation would have to be conducted on him which would cost him approximately Rs. 18,000/-. The petitioner would like to highlight here that this is in contradiction to the findings of the Hospital in 2007 that the stone fragments had been removed, which shows that the Hospital had erred in its treatment, for which the patient is made to suffer, not only physical but also extreme mental agony.
- The petitioner submits that the ultrasound report dated 01.08.09 also confirms that the right kidney of the patient has multiple calculi (5 to 6 in number) with the largest being 9.1 mm in size and the rest between 4.0 to 6.0 mm. It further shows that the right kidney of the patient also has Grade I Hydronephrosis. The petitioner would like to highlight here that during the very first diagnosis of the patient it was revealed that there was only one calculus (stone) right upper ureteric calculus, 15mm in size along with gross Hydronephrosis. This shows that the Hospital erred in arriving at the conclusion that the treatment was complete, while in reality the calculus had only been broken down into various pieces.
- The petitioner submits that the patient is not at all in a position to bear any further expenses on any account for payment to the Apollo Hospital towards medicines, consumables, testing etc. It is submitted that the patient is in dire need of immediate medical attention at Apollo Hospital to get rid of his ailment. However, the Apollo Hospital has told him to arrange for a sum of RS. 18000/- for the treatment.
- In the premise aforesaid, the petitioner most humbly prays that this Hon’ble Court may be pleased to:-
- issue any appropriate direction to the Apollo Hospital to forthwith provide to the patient Shri Suresh Rathore necessary medical treatment free of cost without insisting on any payment on any account including that of medicines, consumables, testing etc;
- issue any appropriate direction to Apollo Hospital for conducting free check-up of the patient after the said operation so as to ensure that the patient’s ailment does not recur; and
- pass any further order or direction as may deem fit and proper in the facts and circumstances of the present case.
New Delhi
Dated: 04.07.2009 (Advocates......)
