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Old 9th January 2009, 21:08   #46
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@rjstyles, you're a good man.
May your tribe increase.
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Old 9th January 2009, 21:26   #47
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Wish there were atleast another thousand people like you,hats of to you man.
But if a case is registered wont the accident victims have a problem because the kid is underage even though it wasn't his fault???
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Old 9th January 2009, 21:39   #48
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Title: Right to Emergency Care - Supreme Court.

Date of Judgment: 23/02/2007.

Case No.: Appeal (civil) 919 of 2007.

The Supreme Court has ruled that all injured persons especially in the case of road traffic accidents, assaults, etc., when brought to a hospital / medical centre, have to be offered first aid, stabilized and shifted to a higher centre / government centre if required.

It is only after this that the hospital can demand payment or complete police formalities.

In case you are a bystander and wish to help someone in an accident, please go ahead and do so.
Your responsibility ends as soon as you leave the person at the hospital. The hospital bears the responsibility of informing the
police, first aid, etc.

Please do inform your family and friends about these basic rights so that we all know what to expect and what to do in the hour of need.
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Old 9th January 2009, 21:44   #49
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Noble deed done! God bless you!
Did anyone note down the number of the Skoda?Any way to trace it?
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Old 9th January 2009, 22:25   #50
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Riju, what you did was truly admirable. One of my friends was knocked down from his 2-wheeler by a vehicle close to midnight and a family going on the other side of the road stopped, came and took him to the hospital. He had head injuries and survived because of the timely help. One can never thank such good samaritans enough.
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Old 9th January 2009, 22:28   #51
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Hats off to you Riju. Great samaritan work.

@Nitrous: Thanks for sharing the judgement. Hope people will know what the real law is in these type of cases.
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Old 9th January 2009, 22:44   #52
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Really Really proud of you be frank - i was in tears after reading this thread... my Salute to your bravo attitude..

there are still good things left out in this world because of people like you
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Old 9th January 2009, 22:49   #53
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Thats really great of you to help the family Riju! You have set a fine example.
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Old 9th January 2009, 23:15   #54
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Good job, Riju.

Just hope the Skoda driver would go through this forum (obviously he wouldn’t be a member here, else he wouldn’t have driven like that) and learn some manners.
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Old 10th January 2009, 08:45   #55
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Originally Posted by nitrous View Post
Title: Right to Emergency Care - Supreme Court.

Date of Judgment: 23/02/2007.

Case No.: Appeal (civil) 919 of 2007...
This is a hoax; check it up @ The Judgment Information System and you will find it relating to a case with regard to medical equipment import.

But, there was something that I came up at this blog: power thoughts

...Two important judgements relating to this are Paramanand Katara v. Union of India (Writ Petition (Criminal) No. 270 of 1988) and later in Paschim Mazdoor Samiti v. State of WB (Writ Petn. (Civil) No. 796 of 1992).
In Paramanand Katara, the SC has held that "Article 21 (which provides that no person shall be deprived of his life or personal liberty except according to procedure established by law) of the Constitution casts the obligation on the State to preserve life. The provision as explained by this Court in scores of decisions has emphasised and reiterated with gradually increasing emphasis that position. A doctor at the Government hospital positioned to meet this State obligation is, therefore, duty-bound to extend medical assistance for preserving life. Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. No law or State action can intervene to avoid/delay the discharge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure whether in statutes or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, therefore, give way. On this basis, we have not issued, notices to the States and Union Territories for affording them an opportunity of being heard before we accepted the statement made in the affidavit of the Union of India that there is no impediment in the law. The matter is extremely urgent and in our view, brooks no delay to remind every doctor of his total obligation and assure him of the position that he does not contravene the law of the land by proceeding to treat the injured victim on his appearance before Him • either by himself or being carried by others. We must make it clear that regulations cannot operate as fetters in the process of discharge of the obligation and irrespective of the fact whether under instructions or rules, the victim has to be sent elsewhere or how the police shall be contacted…."
Again in Paschim Mazdoor Samiti v. State of WB (Writ Petn. (Civil) No. 796 of 1992), the SC has held that
"The Constitution envisages the establishment of a welfare state at the federal level as well as at the state level. In a welfare state the primary duty of the Government is to secure the welfare to the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare state. The Government discharges this obligation by running hospitals and health centres which provide medical care to the person seeking to avail those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The Government hospitals run by the State and the medical officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of the Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. In the present case there was breach of the said right of Hakim Seikh guaranteed under Article 21 when he was denied treatment at the various Government hospitals which were approached even though his condition was very serious at that time and he was in need of immediate medical attention. Since the said denial of the right of Hakim Seikh guaranteed under Article 21 was by officers of the State in hospitals run by the State the State cannot avoid its responsibility for such denial of the constitutional right of Hakim Seikh."

Hence it can be concluded that though the mail itself was a hoax, its contents were true indeed to an extent. Thus you have a right for emergency care in government hospitals by virtue of your fundamental right to life and against private hospitals because of professional obligation of all doctors.
So..Jai Hind.
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Old 10th January 2009, 09:05   #56
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We've already discussed this. check out the above thread for more info
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Old 10th January 2009, 09:34   #57
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Riju, Your humanitarian side never ceases to help people in need.
Hats Off buddy.
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Old 10th January 2009, 09:35   #58
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Originally Posted by theMAG View Post

Awesome stuff man. You're the first candidate for the Team-BHP Golden Heart Award: when that happens ! Glad to know that the accident family is safe. Suffice to say, they wont be encouraging under-age driving in a hurry anymore.

I am really interested to understand how they will get their insurance claim. If the boy had no licence there is no pay out. If the father is stated as driving then it is fraud
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Old 10th January 2009, 09:52   #59
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Good job man. The world goes round only because people like you exist.

I'm an Advocate, and nobody can bull-**** me on police case and will not treat accident victims and stuff like that. What I find most distressing is near family discouraging you from helping people. I love my Dad, but I remember, from when I was a kid, he always dis-couraged me from helping others and used to scold me badly when I even thought of it. At home, they speak disgracingly when you want to help someone in need. The argument, when we need help who will help us does not hold any water.

But, I promise to follow in your footsteps. Cheers
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Old 10th January 2009, 10:54   #60
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kudos to you rjstyles, having been in an accident recently i know first hand how much of a relief it is when you have someone helping you out since you're generally too shocked to even stand.

God bless and may all bhpians follow your example.

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