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Delhi HC asks AIIMS to file status report on cancer patient's plea seeking surgery

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The Delhi High Court has asked All India Institute Of Medical Sciences (AIIMS) to file a status report on the plea of a woman, who is living with HIV, seeking to schedule a surgery for her at the earliest so that her cancer does not progress to the next stage.

Justice Mukta Gupta said that AIIMS will file a status report indicating the course of treatment being administered or likely to be administered to the petitioner.

Meanwhile, the petitioner told the court that after the filing of the petition, the petitioner has been admitted at IRCH, AIIMS on April 4 and her treatment has started.

 

Advocate Anand Varma, appearing for AIIMS stated that after the admission of the petitioner at IRCH, AIIMS in view of her immunity condition and multiple problems, the doctors are considering to administer her definitive chemo radiations instead of going ahead with a surgery which is not feasible in the present condition of the patient.

"Whether surgery is to be performed or any other alternate treatment is to be given to the patient is in the exclusive decision of the concerned doctors. Considering the fact that the petitioner has been admitted in IRCH, AIIMS and her treatment has started, at this stage this Court finds no further directions to be issued to the AIIMS," the court said and listed the matter for further hearing on April 10.

Meanwhile, the Delhi government told the court that lockdown passes have been given and will be extended till curfew and lockdown is extended.

The petition was filed by a woman, living with HIV for the past 20 years, suffering from oral cancer and is in need of urgent surgery as she is bleeding from the tongue due to cancer-related ulcers. But due to lockdown in the wake of COVID-19, the petitioner is being denied the necessary surgical attention. Not providing necessary surgical intervention with the continuous bleeding of the tongue will have fatal consequences for the petitioner, her counsel told the High Court.

In the plea, she has sought appropriate direction from the court to the AIIMS to carry out necessary tests critical to undertake her surgery without which cancer will metastasize and progress.

She has also sought to urgently schedule a CT scan for the petitioner to expedite the process of surgery to address oral cancer.

The petitioner has sought to make available required passes for easy movement to the hospital and testing lab during the period of lockdown.

The woman has been suffering from lateral ulcers on her tongue since 2015 which was treated with pain management medication from time to time. On March 2, due to persistent unbearable pain from the ulcers, the petitioner went to Centre for Dental Education and Research, AIIMS, Delhi where she was prescribed incisional biopsy for review whether an oral surgery should be performed. The petitioner's biopsy report confirmed cancer on the tongue. On March 22, the petitioner's appointment at AIIMS Jhajjar for CT Scan was cancelled citing the COVID-19 crisis. Further, because of the shutdown, it is not possible for the petitioner to go to any other institute other than AIIMS, Delhi for medical attention. Given the urgency in seeking surgical help, the petitioner got her MRI, viral load testing for Hepatitis C and HIV from private labs.

The petitioner said that she needs urgent surgical attention for her oral cancer because she is living with HIV for the past 20 years, rendering her immune system weak. In the absence of a surgical intervention which was urgently advised, the petitioner will continue to lose blood due to bleeding of the tongue, which can have fatal consequences.

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First Published: Apr 07 2020 | 2:54 PM IST

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