Doctor Moves Delhi HC Against Govt. Order To Limit Covid 19 Testing To Only Symptomatic Individuals

It is stated that the said order is contrary to the "international practice" of testing those patients who are asymptomatic, but have to undergo a medical surgery.

The petition filed by Dr. Manni Hingorani points out that as per settled medical practice, every patient scheduled for surgery has to get Covid 19 test done, regardless of whether the patient is symptomatic or asymptomatic of Covid 19. 

It is submitted that since patients who are asymptomatic for Covid 19 and are to undergo surgery, whether elective or emergency, are not being given access to Covid 19 Test, the Doctor is unable to require her patients to get the Covid 19 test done. 

It is also essential to prevent the transmission of infection from an asymptomatic Covid positive patient to the operating surgeon, the nurses and the OT/ hospital staff.

However, during subsistence of the impugned order, the plea states that it could be life threatening for both of them as also for the nursing staff, the support staff, attendants and others if the patient is Covid 19 positive.

Accordingly, it has been contended that the impugned Order has the effect of putting unreasonable restrictions upon the right of the Petitioner to carry out her professional duties as a surgeon and it violates her fundamental rights guaranteed by Article 14, 19 and 21 of the Constitution.

The impugned order is also alleged to be in contravention of the 'Guidelines for safe ENT practice in Covid 19' issued by the Union Ministry of Health and Family Welfare on June 3, 2020, that outline the pre-operation screening, and require Covid-19 testing.

The matter is likely to be heard on June 9, 2020.