The Supreme Administrative Court ruled that ensuring health care and providing health services is one of the most important obligations of the state towards citizens if it justifies and controls the commitment to it.
The court affirmed that, since the patient’s move from his place of residence to the place designated for receiving treatment and returning to his place of residence represents a necessary reality that cannot be separated in any way from the necessity and imperative of receiving the treatment and medical care required for his health condition, which is revealed by a decision to treat him At the state’s expense, then the state’s obligation to bear the expenses of transferring a patient who is entitled to treatment at the state’s expense from his place of residence to the place of receiving treatment and returning is imperative and necessary.
The court considered that determining the patient’s eligibility for treatment without the State bearing the costs of transportation is considered an act of futility, and may even pose a threat to his life.
If the provision of treatment and health care to citizens at the expense of the state if its obligations and stripes are fulfilled is an obligation of the state, then bearing the expenses of moving the patient to receive this treatment is also a duty of the state, if the doctor decides that the patient must move to the place of receiving treatment and return to his place of residence By private transportation.
The court relied on the fundamental rule that states that “what is not due but is done is obligatory.” Treatment is only carried out with this transfer in a manner that guarantees the patient’s safety and the feasibility of the treatment provided to him, and without this transfer, the state cannot be fulfilled by its commitment to treat the patient for which a decision was issued. Treatment at its expense.
The ruling was issued, headed by Counselor Dr. Muhammad Maher Abu Al-Enein, Vice-President of the State Council, and membership of Advisors Salah Jayoushi, Nasser Mualla, Muhammad Al-Munji, and Ihab Al-Shahawi, Vice-Presidents of the State Council.
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