Court seeks details of comatose patient’s medical certificate from UAE

The High Court earlier had instructed a team of AIIMS doctors to evaluate the man’s health remotely in collaboration with local government doctors, with a subsequent report to be submitted

PRAVASISAMWAD.COM

The Bombay High Court has taken a step further in the case of a man who has been in a comatose state in an Abu Dhabi hospital for two years. Justices Girish Kulkarni and Firdosh Pooniwalla issued a directive requesting the Indian High Commissioner (IHC) to the United Arab Emirates (UAE) to authenticate a medical certificate pertaining to the patient’s condition.

The court’s decision comes after a panel of doctors from the All India Institute of Medical Sciences (AIIMS), New Delhi, conveyed that a proper assessment of the patient’s health cannot be conducted through video conferencing. Earlier on December 21, the High Court had instructed a team of AIIMS doctors to evaluate the man’s health remotely in collaboration with local government doctors, with a subsequent report to be submitted.

The legal proceedings were initiated by the man’s wife, based in Chennai, who sought the declaration of her as his guardian due to the absence of legal provisions for individuals in a comatose state. The husband, the sole breadwinner, suffered a brain injury resulting from hypoglycemia on December 8, 2021, and has remained in a vegetative condition since then, necessitating long-term acute care.

The wife, responsible for supporting their three children, including a minor daughter, and her mother-in-law in Thane, faced challenges in managing her husband’s finances. Two Mumbai-based banks and a depository refused her access to his accounts without a court order. The AIIMS report was deemed inconclusive by the judges, prompting the need for the Indian High Commissioner’s intervention.

The IHC has been directed to take appropriate steps and submit a report on the patient’s health condition by January 30, providing a critical resolution to the ongoing legal and medical dilemma

The judges emphasized that the only viable way forward is for the Indian High Commissioner in the UAE to endorse the patient’s condition. Justice Kulkarni remarked, “This will be the end of the matter.” The wife’s advocate, Kenny Thakkar, highlighted her presence in India with the family and the lack of any relative available with her husband, mentioning that the employer is currently taking care of him.

In their order, the judges mandated the Ministry of External Affairs to promptly forward the medical report to the Indian High Commissioner. The IHC has been directed to take appropriate steps and submit a report on the patient’s health condition by January 30, providing a critical resolution to the ongoing legal and medical dilemma.

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