HC relief for woman who could not donate kidney ‘because of low IQ’

Hindustan Times | By, Mumbai
Dec 24, 2011 01:39 AM IST

A patient suffering from kidney failure will now be able to get a new kidney thanks to the Bombay high court.

A patient suffering from kidney failure will now be able to get a new kidney thanks to the Bombay high court. On Friday, the court asked Lilavati Hospital to forward the relevant papers to the authorisation committee of the Directorate of Medical Education and Research (DMER) to process them for an organ transplant.

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Twenty-four-year-old patient Ajeet Vayklip and his sister Sonia, from Chhattisgarh, moved the court after the hospital refused to process their papers on grounds that Sonia had a low intelligence quotient (IQ).

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Their lawyers RA Shaikh and Muqim Khan informed the court that although they had spent more than Rs one lakh to assess the medical condition of the donor and the recipient, a subsequent communication by the hospital said that Sonia’s IQ, following a psychiatric and clinical psychology test, was less than the required 80% and hence, they should approach the appropriate court which can act as guardian for the donor.

Shaikh told a division bench of chief justice Mohit Shah and justice Roshan Dalvi that the patient’s health was at a critical stage and the Rs 2 lakh donation by the Chhattisgarh government was also set to lapse on January 10.

The court was also told that the entire family had been facing a financial crisis and were depending on their neighbours and relatives for help.

Shaikh argued that the hospital was acting high handed and a low IQ was no grounds for rejection under the Transplantation of Human Organ Act, especially when both parties were related.

They also cited a certificate from the hospital where the doctor who assessed their condition had said that Sonia was in proper mental condition to donate her kidney.

The court has now asked the hospital to accept the cheque and forward the papers to the authorising committee.

The committee has been directed to take a decision within a week after receiving the papers. The hearing has been adjourned till January 5.

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