Mumbai hospital under scrutiny for allegedly withholding patient’s body over unpaid bills
Bombay High Court
Mumbai: A private hospital in Mumbai has reportedly come under scrutiny after allegedly refusing to hand over the body of a cancer patient to the family over unpaid hospital dues. The patient had died while undergoing treatment at the facility, and the incident has raised renewed concerns about hospital billing practices and the handling of bodies in cases of pending payments.
According to media reports, the patient’s medical claim had only been partially approved. As a result, the family was unable to immediately clear the remaining bill and requested additional time to arrange the funds. However, the hospital allegedly declined to release the body until the outstanding amount was paid. The family reportedly approached the police for assistance, but their efforts did not lead to any resolution.
The Free Press Journal reported that such situations are said to occur more often than they are formally reported. By withholding a body due to unpaid bills, hospitals place families under immense emotional and financial pressure during a period of grief. In many instances, relatives are forced to make urgent arrangements for large payments to settle private hospital bills.
Reports also indicate that many patients struggle to afford treatment at private healthcare facilities due to high costs, which may include expensive procedures and multiple diagnostic investigations, significantly increasing the final hospital bill.
The issue has also previously drawn strong observations from the Bombay High Court. While hearing a Public Interest Litigation in 2019, the court observed that detaining patients or bodies over non-payment of hospital bills could amount to wrongful confinement. The court further stated that the State Government should establish an effective grievance redressal mechanism so that relatives of patients can approach a designated authority capable of taking immediate action within the legal framework, including initiating criminal proceedings if required.
Earlier, in 2014, the High Court had criticised what it described as the “inhuman” practice of hospitals detaining patients until medical bills were cleared. The observation came during the hearing of a petition filed by Sanjay Prajapati, whose brother had been undergoing treatment at a hospital in Mumbai. When Prajapati decided to shift his brother to another facility due to a lack of improvement in his condition, the hospital allegedly refused to discharge the patient until disputed bills were settled.
Commenting on such incidents, advocate and health activist Tushar Bhosale told The Free Press Journal, “It is extremely unfortunate that despite clear rules barring private hospitals from detaining dead bodies over unsettled bills, the practice continues in some places. Families facing such situations can approach the Medical Officer (Health) of the nearest BMC ward for intervention. The matter can subsequently be escalated to the health department, the Maharashtra Medical Council (MMC), and consumer forums to seek compensation for mental agony and violation of the dignity of the deceased.”
He further noted that courts have repeatedly clarified that hospitals cannot use such methods to recover dues. “Billing disputes must be resolved through lawful means, such as civil recovery proceedings, rather than through coercive actions against grieving families,” he said.
Health activists have also raised concerns that consumer courts have ruled against hospitals in several similar cases, describing the detention of bodies over unpaid bills as an unfair and unethical practice. Medical ethics experts have stressed that while hospitals need to recover legitimate costs of treatment, financial considerations should be balanced with humanitarian responsibilities toward patients and their families.
