HC directs hospital to perform kidney transplant

Hospital had sought consent of donor’s wife

Justice T. Amarnath Goud of Telangana High Court on Tuesday instructed Apollo Hospitals in Jubilee Hills to permit donation of kidney by a man for his ailing sister without asking for his wife’s consent.

A private company employee, K. Venkat Naren, from Ramakrishnapuram of Hyderabad decided to donate his kidney to his sister B. Madhuri suffering a chronic renal failure. They planned a kidney transplantation at Apollo-Jubilee Hills on July 30 this year.

To their surprise, a day ahead of the surgery they received a communication from the hospital seeking a letter of consent from Naren’s wife Durgavarapu Valli to carry out the surgery. Mr. Naren, who moved the HC, stated that he had differences with his wife and had already filed a petition in Malkajgiri family court for dissolution of his marriage.

The petitioner’s brother-in-law contacted Ms. Valli through WhatsApp and explained the situation. He sought her consent for the transplantation. However, the woman blocked his number and stopped receiving communication, the petitioner claimed.

He contended that there was no requirement of consent from his wife if no commercial elements were involved in kidney transplantation. The receiver was his own sister and came under the definition of ‘near relative’ as per the kidney transplantation related laws, he stated.

Mr. Naren stated that he and his sister made a joint application to the Authorisation Committee of the hospital. He stated that even his father K. Giri Raju had given consent for the transplantation. Since his wife was unlikely to give consent for donation of his kidney, the petitioner sought direction from the court to permit the transplantation.

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