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Shabana Khatoon's fight to seek justice for her husband's death (due to denial of medical assistance) continues

Date : 09/09/2016

Shabana Khatoon V. The State of Jharkhand & Ors. W.P. (C) No. 4194/2016, Hon’ble High Court of Jharkhand

Md. Zahir Ansari was suffering from Cancer in his urinary bladder and obstructive uropathy. He was advised by Dr. Abhay Kumar for removal of urinary bladder but due to some complications, he was admitted immediately to Narayana Super Specialty Hospital, Howrah, West Bengal. Due to the shortage of time and a critical situation the petitioner, Shabana Khatoon admitted her husband without checking the list of empaneled hospitals by the Government of Jharkhand under Mukhyamantri Gambhir Bimari Upchar Yojna.

After managing and depositing an amount of Rs. 45,000 she approached the Chief Medical Officer Cum Civil Surgeon with all relevant documents for the grant of monetary medical aid under Mukhyamantri Gambhir Bimari Upchar Yojna, who summarily rejected her petition on 28.07.2016 saying that the said hospital was not in the empaneled list of Government of Jharkhand.

Shabana Khtoon had prayed for a liberal interpretation of the said government initiated Yojna since the grant was immediately required for the treatment of her ailing husband.

Mukhyamantri Gambhir Bimari Upchar Yojna filed a counter affidavit in response of the order passed by the Hon’ble High Court of Ranchi stating that the State Panel has rejected the claim of the petitioner on the ground that the hospital in which the husband of the petitioner is undergoing treatment is not a empanelled hospital and as well as also on the ground that the husband of the petitioner has already undergone treatment/operation and as per clause 7 (VIII) the benefit of the scheme cannot be extended to the patient who has already undergone treatment.

The petitioner has prayed for the quashing of the decision taken by the Committee. Hon’ble Mr. Justice Aparesh Kumar Singh observes that the facts of this case have posed a question which raise more humanitarian issue than legal question and that it portrays a situation of extreme urgency where the patient or his family member cannot be expected to sit and take decisions in a cool and calm atmosphere for getting proper treatment at a particular hospital or wait for admission in some Government institute.

Petitioner’s husband breathed his last on 25/08/2016 due to no further treatment provided to him because of denial of assistance by Medical Committee. A Comprehensive affidavit invoking inherent power of equitable cost and compensation has been filed before the High Court and the same is pending.

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