Hospitals cannot deny emergency care over non-payment of advance: Kerala HC
Ernakulum: In a significant decision aimed at safeguarding patients' right to life and access to emergency medical care, the Kerala High Court has issued a set of crucial directives to hospitals across the state, stressing that medical care cannot be denied due to lack of funds or absence of identity documents.
Underscoring that saving lives is the foremost duty of all medical institutions, the court made it clear that financial or procedural hurdles cannot override the fundamental right to emergency healthcare.
The court observed that hospitals, irrespective of their ownership or status, have a primary responsibility to provide immediate medical attention to those who arrive in critical condition. Every hospital must ensure that patients reaching the emergency department are promptly examined and their health condition stabilised. If further specialised treatment is required, the hospital must take the responsibility to transfer the patient safely to another appropriate facility, news agency IANS reported.
The ruling emphasised that the duty of care begins the moment a patient arrives, not after administrative procedures are completed. In a landmark ruling, the high court also introduced significant transparency requirements for hospitals. All hospitals must clearly display their treatment charges in both Malayalam and English at the reception area and on their official websites.
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The court further stressed that treatment costs should be presented in a simple and comprehensible manner so that patients and their families can easily understand the expenses involved in various procedures. This transparency, the court observed, will help prevent disputes, reduce exploitation, and ensure informed decision-making by patients.
The directive is expected to bring greater accountability in private and public healthcare systems, particularly in emergency situations where delays or denials have previously resulted in tragic consequences. The court reiterated that access to emergency medical care is a fundamental right linked to the right to life, and hospitals cannot operate solely as commercial establishments when human lives are at stake, reports IANS.
The high court's directive comes amid growing concerns over the rising cost of health care in Kerala, with private hospitals coming under flak.
