Private Hospitals Must Not Deny Treatment Due to Lack of Funds: Kerala High Court

Kochi: The Kerala High Court has issued an important directive to private hospitals, mandating that no patient should be denied primary life-saving treatment due to a lack of funds or documents. In cases where a patient needs to be transferred to a hospital with better facilities, the initial hospital must ensure a safe transfer. This directive was issued by Justices Sushrut Arvind Dharmadhikari and V.M. Shyamkumar, who also instructed that patients be provided with complete documentation of their treatment upon discharge.

The court's directive follows an earlier ruling by the High Court Single Bench, which upheld the Kerala Clinical Establishments (Registration and Regulation) Act and its associated rules. The ruling requires hospitals to display treatment and package rates, along with information regarding doctors, in both Malayalam and English for public viewing. Additionally, the court emphasized that treatment should not be denied to patients due to financial constraints. Despite this ruling, private hospital managements, along with the Indian Medical Association (IMA), filed an appeal, which was dismissed by the Division Bench.

Furthermore, the court ruled that when discharging a patient, hospitals must provide all relevant medical records and reports, including ECG, X-ray, and CT scan results, as well as the discharge summary. The court also mandated that hospitals display their services in both Malayalam and English at reception/admission desks and on their official websites. It also ordered that standard rates for common treatments and packages must be displayed, and that any unexpected complications or procedures should be clearly communicated to patients.

The court also directed that hospitals must prominently display patients' rights, including access to essential services, bed categories, ICU/OT availability, laboratory facilities, and ambulance services. Hospitals must also provide contact details of the person responsible for addressing complaints, including their name, phone number, and email ID, as well as helpline details for the District Medical Officer (DMO).