Telangana High Court asks NIMS to take up kidney transplant surgery on patient within seven days

The petitioners told the court that the kidney donor was the biological brother of the kidney donee, a 35-year-old woman, however their names in the Aadhar card did not reflect same father name.

By Our Legal Correspondent

Justice Bollaram Vijaysen Reddy of Telangana High Court on Friday directed the NIMS hospital in Hyderabad to consider the case of petitioners for kidney transplantation forthwith in a period not exceeding seven days. The judge was dealing with a writ plea filed by a kidney donor and kidney donee who have approached NIMS hospital for kidney transplantation surgery.

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The petitioners told the court that the kidney donor was the biological brother of the kidney donee, a 35-year-old woman, however their names in the Aadhar card did not reflect same father name. The petitioner’s counsel, T Rahul submitted that due to poverty the sister was fostered by her maternal aunt and therefore the surnames of the siblings were different in their records. To ascertain the biological relation, the NIMS had even conducted DNA based HLA Test, Lymphocyte cross match Test, Donor Specific Antibodies Detection Test, Flow Pre-Screening Test, Flow Cytometry based HLA Cross match and gave a “certificate of Genetic Relationship”, the counsel said.

Even after scientific confirmation of relation between siblings, the hospital was not taking any decision on surgery for kidney transplantation counsel said. The counsel referred to the provisions of Transplantation of Human Organs and Tissues Act,1994 and told court that the law permits any near relative to donate kidney. The hospital having confirmed they are biological brother and sister, failed to respond on the representation for performing operation the counsel complained.

The counsel representing NIMS and Health Department suggested that an undertaking be given by the petitioner to the hospital about petitioners relationship. The judge accordingly directed the petitioner to give an undertaking and further directed the hospital to consider the case of the petitioners immediately.