Kerala HC: Discharge the Patient, Who is Kept due to Non Payment of Bills

Recently, a lady approached the Kerala High Court and alleged that a hospital is not discharging her son (patient) because some hospital bills are pending. 

The Court directed the respondent hospital to discharge the son immediately

and to recover the pending dues through the process of law.

Why did a mother seek intervention from the High Court?

The petitioner approached the Hon’ble High Court and stated that the respondent hospital is refusing to discharge her son because of some alleged dues.

Action taken by the Hon’ble High Court

On the previous date of hearing, the Court directed a Station House Officer and a Medical Doctor to visit the hospital and file a report on the condition of the son.

The Medical Doctor informed the Court that

the petitioner’s son was ready to be discharged in July 2020.

However, the petitioner contended that her son wasn’t discharged due to alleged dues.

In contrast, the respondent hospital contended that the petitioner insisted that the hospital should keep the patient till dues were cleared.

High Court comes to the rescue of the Patient.

Hon’ble High Court opined that they did not believe the version given by the respondent hospital. 

It was further observed that the hospital filed a complaint before the Police for recovery of dues which was wrong in law.

The Court directed the hospital to release the petitioner’s son immediately while giving liberty to the respondent hospital to recover their dues as per the remedies available in law.

Case Details:-

Title: Reeja S vs The Station House Officer, Museum Police Station, Thiruvananthapuram & Ors

Case No.: WP(Crl.).No.227 OF 2020

Date of Order: 23.10.2020

Coram: Hon’ble Justice K Vinod Chandran and Hon’ble Justice T. R Ravi

Counsel for petitioner: Smt.Binitha James

Counsel for respondents: R1-2 SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND R3 BY SRI.V.KRISHNA MENON

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