GroundUp: Asylum seeker appeals hospital decision to stop dialysis

upholding a decision by Helen Joseph Hospital to discontinue life-saving dialysis treatment for an asylum seeker. Lawyers for the asylum seeker are preparing an appeal.

Soon thereafter, the hospital informed her that she would need long-term dialysis until a transplant organ became available. But the hospital also told her she was ineligible for a transplant because she is an asylum seeker. Her dialysis would therefore be discontinued. Soobramoney was ineligible for a kidney transplant on medical grounds. He suffered from ischaemic heart disease and cerebrovascular disease, both transplant disqualifiers because they significantly reduce the probability of success. This was why he was denied one of the limited number of places available for dialysis.

The appeal will raise topical questions for South African jurisprudence on the rights of asylum seekers. The court will probably be asked to determine the constitutionality of discontinuing treatment on the grounds of a person’s legal status, rather than on medical grounds.

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