Delhi HC raps Max Super Specialty Hospital for denying kidney transplant permission to two families, gives two days to give nod

After both his kidneys failed, Sanjay Goel, 60, wanted a transplant. A woman relative volunteered to donate kidney to Goel, but Delhi-based hospital denied permission citing financial transactions between the two families. After which Goel moved the court

Delhi HC raps Max Super Specialty Hospital for denying kidney transplant permission to two families, gives two days to give nod
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Giving a huge relief to a kidney ailment patient, the Delhi High Court on Monday directed Max Super Specialty Hospital, Delhi, to immediately grant permission to a woman to donate her kidney for her son-in-law’s father, who is on dialysis for last two years as both his kidneys have failed.

Both the kidneys of recipient Sanjay Goel, 60-year-old, have failed and he filed the petition through his wife in the HC, as the Appellate Committee by order dated April 27 had rejected the permissions for transplant. The hospital had denied permission to the donor on grounds that there are financial transactions between the two families. However, the HC expressed its displeasure towards Max Super Specialty Hospital committee.

While directing the Max Super Specialty Hospital, the HC in its order states, “The Authorization Committee is directed to forthwith grant its approval to the case of the petitioner in terms of the application made. The formal approval should be granted within a period of two days, failing which, it shall be deemed that the said approval stands granted.”

The order further states that upon grant of said formal approval / deemed formal approval, the petitioner shall be entitled to undergo the required medical procedures and operation for carrying out the transplantation, as aforesaid.

In his order, HC Judge Sanjeev Sachdeva says, “The Authorisation Committee as also the Appellate Authority has completely disregarded the human qualities of love and affection, compassion and generosity.”

The judge further stated in his order, “It is normal in the Indian society for son-in-law to aid and assist his in-laws in case they are in need. The mere fact that the son of the recipient has stated that he would help his in-laws would not make it a commercial transaction or a transaction of the nature as is prohibited by the Act. It is normal for a son-in-law to help his in-laws in case they are in need and for in-laws to accept help from son-in-law.”

The copy of the HC’s order is in possession of My Medical Mantra.