Kerala High Court Orders Discharge Of Patient Allegedly Held Hostage By Hospital Over Non-Payment Of Bills [Read Order]

The Kerala High Court on Friday (23rd October) ordered the Hospital, accused of not discharging the patient due to non-payment of medical bills, to immediately discharge the patient and let her mother (Petitioner) take her son home.The Bench of Justice K. Vinod Chandran and Justice T. R. Ravi was hearing the plea of an aggrieved mother who was before the Court seeking discharge of her son from the hospital.The contention of the petitioner was that because of the alleged dues to the hospital, the hospital was refusing to discharge her son.To this, the Court specifically directed the Station House Officer accompanied by a Medical Doctor to visit the hospital and to file a report on the condition of the son of the petitioner.On Friday (23rd October), the Government Pleader placed before the Court, a statement of facts. In the report submitted before the Court, there were allegations and counter-allegations as to how the retention of the patient was continued after July 2020.On one hand, the petitioner alleged that it was on the the insistence of payment of the bill by the respondent, while on the other hand, the respondent submitted that though discharge was made, the petitioner insisted that they will continue till the payment is made.The Court accepted the copy of the statement produced before it and after perusing the same, the Court observed that the son of the petitioner was ready for discharge even in July 2020.In this context, the Court remarked,"We find it difficult to swallow the version of the respondent-hospital especially since the complaint is filed before the Police on the claim of return of money which the Police is not entitled to proceed with. The report of the Station House Officer, has specifically quoted the Medical Officer accompanying him as having opined that the petitioner's son can be discharged and he does not require any further in-patient treatment."Further, the Court also said,"The respondent-hospital has also submitted that he (son of the Petitioner) was discharged as early as on 08.07.2020. In such circumstances, we are of the opinion that the respondent would have to be left to remedy of recovery by means recognized by law, but however, only for amounts due, till the date of discharge, i.e., on 08.07.2020. We say this specifically because the version of the respondent hospital that despite discharge the petitioner and her son failed to vacate the room cannot be believed."Consequently, the Court ordered that the discharge be made immediately and the petitioner be allowed to take her son home.It may be noted that based on a reference made by the Chief Justice of India, the Madhya Pradesh High Court in June 2020 took cognizance of a tragic incident in the state where an elderly man suffering from Covid was tied to a bed, after he allegedly failed to make payment of fees for his treatment at a hospital in Shajapur District based on a letter written by Former Law Minister and Senior Advocate Dr. Ashwani Kumar.On the instructions of the CJI, the Supreme Court Registry had forwarded the letter to the High Court, penned by Former Law Minister and Senior Advocate Dr. Ashwani Kumar, seeking implementation of the fundamental right to die with dignity.Click Here To Download Order[Read Order]

Kerala High Court Orders Discharge Of Patient Allegedly Held Hostage By Hospital Over Non-Payment Of Bills [Read Order]

Sparsh Upadhyay

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