The case of parmanand katara vs union of india greatly broadened the definition and body of legal precedent around emergency medical care in India. It required physicians and hospitals, both public and private, to treat victims of auto accidents right away, without any hesitation or justification. This decision is seen as a major victory in the public interest litigation (PIL) that sought to guarantee immediate medical attention.
parmanand katara vs union of india Case Facts
- Human rights campaigner Pandit Paramanad Katara, who is currently a senior attorney, filed a Public Interest Litigation with the Hon. Supreme Court of India.
- The PIL was filed in response to a newspaper article titled “Law helps the injured to die” that appeared in the Hindustan Times. The article described the death of a scooterist who was struck by a speeding car and for which the doctor refused to treat him or her, citing the hospital’s lack of authorization to handle medico-legal cases.
- The individual who happened to witness the occurrence and helped the victim get to the closest hospital was then told to go to another hospital, which was 20 kilometers away and specialized in medico-legal matters. But en route, the victim passed away from his wounds.
- Thankfully, Pt. Paramanad Katara (Petitioner) took action and asked the Hon’ble Supreme Court for clarification on this legal issue after reading this news report. As a result, the petitioner requested that the Union of India be given the following instructions:
- Any injured victim who is brought in for treatment must be required to receive medical attention right away in order to preserve his life.
- It is only appropriate to permit procedural criminal law after the victim has received treatment. This will assist in preventing any kind of careless death.
- If the concerned hospital, physician, or medical facility (private or public) disregards this instruction, severe consequences for the irresponsible act will be imposed, along with just recompense.
parmanand katara vs union of india Issues
- Whether someone can provide treatment outside of a hospital or by medical specialists in accident scenarios where the sufferer must first go through legal formalities before receiving medical attention.
- It was discussed where the medicolegal case stood.
Contentions by the Parties
Petitioner:
- The petitioner asked the Union of India for guidelines to guarantee that every injured citizen who is brought in for treatment has access to life-preserving medical care right away. He maintained that in order to prevent careless fatalities, medical help should come before procedural criminal legislation. In addition, he demanded just recompense in the event that this directive is broken.
- The Code of Medical Ethics, 1970, specifically Clauses 12 and 13, which require physicians to care injured patients to the best of their skills without deliberate neglect, were referenced by the petitioner. He emphasized that human life is more valuable than legal procedures by pointing out that other laws, such the Motor Vehicles Act, the Indian Penal Code, and the Cr.P.C., do not prohibit delivering medical treatment before formalities are completed.
Respondent:
- Although they emphasized discussing the legal aspects and measures they included, the replies agreed with the petitioner. They contended that because legal formalities must be fulfilled in front of a police officer before treating the victim, statutory requirements frequently result in delays in treatment delivery. The Indian Medical Council drew attention to pertinent sections of the 1970 Code of Medical Ethics, which require physicians to provide professional care, particularly in an emergency.
- According to Clause 10, a doctor has a duty to attend in an emergency, such as a car accident, but is not required to treat every sick patient. Clause 13 prohibited purposeful carelessness and said that a medical professional should not stop treating or responding to a patient in an emergency.
parmanand katara vs union of india Judgment
- article 21 of the indian constitution addresses the state’s obligation to protect life.
- There is no disagreement that protecting human life is of utmost importance since once life is lost, it cannot be recovered or repaired beyond human power.
- Therefore, it is the mandatory duty of all medical professionals, whether they work for the government or not, to treat patients in emergency situations without considering alternative courses of action. The issue is connected to any legal issue or police case.
- In order to ensure that everyone is informed of their rights and responsibilities, the Indian government released these recommendations as widely as possible through newspaper and radio articles, high courts, session judges, and other means.
- It is important for judges, legal professionals, and other concerned parties to remember that medical professionals who treat patients in emergency situations have no right to unwarranted harassment until an emergency occurs. They also have no right to be dragged at any time to the police station for questioning.
- Additionally, the Honorable Court stated that medical professionals should only be called upon by the court in emergency situations and not be habitually summoned until their evidence is absolutely necessary.
- Additionally, it was said that any rule that prohibits medical professionals from treating patients or attending to them in an emergency situation, whether it be related to an accident or something else, should be amended or replaced with a more appropriate regulation to ensure that these professionals are not subjected to harassment.
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