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Hospital refusing to treat COVID patient, what to do?


22-Apr-2023 (In Civil Law)
Hospital refusing admission and bed to Covid patient, Can I take legal action against them?
Answers (2)

Answer #1
213 votes

Unavailability of beds in hospitals for COVID-19 patients has been one of the most discussed and debated topics off late. Many news articles have spoken about hospitals denying admissions to patients for treatment of COVID-19, sometimes leading to fatal consequences. Aggrieved citizens have also filed PIL’s in various High Courts, seeking the court’s intervention.
 
If a private hospital refuses to treat a non-Covid-19 patient, it can lead to cancellation of its medical registration licence. Multiple grievances of patients being turned away in private or public hospitals leading to denial of critical health services, which are not related to Covid-19, has led the Ministry of Health and Family Welfare and Delhi’s Health Department to clarify that no person should be denied healthcare in time of need.
 
In an order, Padmini Singla, Secretary, Delhi’s Department of Health said, “Non- compliance will be viewed seriously and action as per provision of law, including cancellation of registration of defaulter hospital or nursing home, will be initiated without further notice.”
 
The Supreme Court had also asked the Centre in a Judgment dated 14th July 2020 to meet with stakeholders and prepare directions to be issued to the States under the Disaster Management Act of 2005 to ensure that no coronavirus (COVID-19) patient in need of treatment is turned away from a hospital merely because he cannot afford medical care.
 

What can you do if you have been denied treatment by hospital?

In an attempt to curb this practice, State governments are now setting up 24×7 helpline numbers where you can lodge a complaint in case a hospital denies admission.
 
Karnataka: You can call the 24×7 helpline number — 1912. “Whoever calls the number will get immediate relief,” said Medical Education Minister K Sudhakar. During a press conference also reiterated that 50 per cent beds in private hospitals have also been reserved for COVID-19 patients. Along with which there is also a cap on the charges that private hospitals can levy on patients.
 
Delhi: Call 1031 if a hospital denies a bed to a COVID-19 patient if beds are available. Patients looking specifically to get treated at AIIMS can call 9115444155 for OPD appointment schedules and for teleconsultations.
 
Mumbai: Call 1916 to check about the availability of hospital beds in Mumbai. In a first, the Mumbai police have also set up a 24×7 helpline — 9137777100 — for police personnel after the death of a constable due to COVID-19.
 
Tamil Nadu: Call 044-29510500 if you are looking for information about COVID-19 and the availability of beds in hospitals.
 
Pan India: Call toll-free helpline 1075 to get answers for Covid-19 related queries. According to this report, the 1075 helpline is a 24×7 functional call centre and has received 27,54,808 calls as on 31 May 2020.

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Answer #2
762 votes
If this hospital is in Delhi, you may write to the health minister and CC it to the CM, especially when the CM has stated that strict action will be taken against hospitals who have availability of beds and still do not give it.
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