Emergency treatment should not be denied on grounds of lack of money: High Court issues strict instructions to private hospitals

KOCHI: The High Court has ordered that no hospital should fail to provide life-saving emergency treatment to those who arrive in critical condition. Private hospitals should not press that the advance payment has not been received. Treatment should not be denied even on the grounds of a lack of documents. Safe travel should be ensured while shifting these patients to a hospital with better facilities. This was made clear in the order by the division bench comprising Justices Sushrut Arvind Dharmadhikari and V.M. Shyamkumar.

The single bench, which upheld the Kerala Clinical Establishments Act and Rules, 2018, delivered this important verdict by dismissing the appeals challenging this order. The appeals were filed by the Kerala Private Hospitals Association and the IMA Kerala unit.

The court observed that the law enacted by the state government is in line with the Constitution and international standards. The order is applicable to all hospitals in the government and private sectors. The court directed that the treatment fees, package amounts and information on patients' rights should be displayed in hospitals and related websites. Notices should be given in Malayalam and English. Comprehensive information on the employees of all hospitals should be submitted to the registration authority.

Complaints regarding medical negligence can be filed in the consumer court and complaints of fraud and deceit can be filed with the police. The court also clarified that patients can directly file complaints of a serious nature with the Chief Secretary or the State Police Chief. All institutions should give a written assurance to the District Registration Authority within 30 days that they will comply with the instructions. The authority should conduct an inspection within 60 days and take action against those who default.

Bill and report should be handed over

• Available services and fee information should be given in the hospital and on the website. Brochures should also be published

• Information and phone numbers of beds, ICU, ambulance, etc. should be displayed

• All bills, inspection reports like scans should be handed over at the time of discharge

Complaint redressal mandatory

A complaint redressal mechanism is mandatory in all hospitals. Name, phone number, e-mail and DMO helpline numbers of the officer to whom the complaint should be made should be displayed. A receipt should be issued for the complaint and it should be disposed of within seven days. A monthly report should be submitted to the DMO. Unresolved complaints should be referred to the District Registration Authority (Health). Failure to comply with the instructions may result in suspension or cancellation of the registration of hospitals. Complainants can seek redress through civil and criminal means.