Detention of patients is illegal: High Court

The Bombay High Court has stressed on the need to increase awareness among public about their ‘legal’ rights as patients, especially with regards to the ‘ill treatment’ meted out to them by hospitals. The court, on Friday, while speaking on the issue, also termed the act of hospitals detaining patients over non-payment of bills as ‘illegal.’

A division bench of Justice Satyaranjan Dharmadhikari and Justice Bharati Dangre said, “There have been instances wherein hospitals have detained patients over non-payment of bills. This act of the hospitals of detaining a person who is declared fit otherwise, is illegal.”

“By detaining patients in such a manner, the hospitals are curtailing the personal liberty of the person. We believe that every member of the public must be made aware that such an act of a hospital is illegal,” Justice Dharmadhikari added.

The observations came in response to a Public Interest Litigation (PIL) which cited two cases wherein patients were allegedly detained at private hospitals over disputed bills.

The judges accordingly directed the government’s health department to consider putting up online the legal rights of the patients. The judges have also asked the department to give out information (to public) about the penal provisions which can be invoked against such errant hospitals.

“We believe that the government must step in such issues

and formulate some mechanism wherein patients can voice their grievances. If they are informed about the legal rights and the relevant laws, then it is likely that hospitals may refrain from detaining the patients over an issue (nonpayment of bills) which can be otherwise solved legally,” the judges added.

The judges accordingly suggested the government to come up with a mechanism wherein such patients, who are harassed by the hospitals, can lodge plaints against them. The judges have posted the matter for further hearing after one week.