A doctor cannot deny treatment to a patient on account of financial constraints.

In a case titled “Mohd. Ahmed (Minor) vs Union of India & Ors., W.P.(C) 7279/2013”, vide judgment dated 17 April, 2014, where a laborer filed a complaint against a hospital for denying treatment to his child who had a life-threatening illness, the Hon’ble Delhi High Court held that lack of Government planning is responsible for pricing out of orphan drugs for rare and chronic diseases. Only because someone is poor, he cannot be left to die. It is the duty of the Government to ensure that poor and vulnerable sections of society get treatment for rare and chronic diseases, particularly when the prognosis is good. The court recognized breach of a constitutional right in this case and directed the Delhi Government to provide the necessary treatment free of cost to the patient as and when needed. The Court said, “By virtue of Article 21 of the Constitution, the State is under a legal obligation to ensure access to life saving drugs to patients.” [Mohd. Ahmed (Minor) vs Union of India & Ors., W.P.(C) 7279/2013 vide judgment dated 17 April, 2014.]