SC Judgment: Right for Medical Treatment During Emergency


Its the duty of the hospitals or a medical practitioner to take care of the person who has met with an accident or any other form of injury.

Hospitals or medical practitioner are obliged to treat the patient and are not supposed to reject claiming that this could be a legal issue on their part.

This pro people ruling was supported by the judgment of The Supreme Court of India as long back as 1989 observed in Parmanand Katara v. Union of India (AIR 1989 SC 2039, judgment dated 28 Aug 1989) that when accidents occur and the victims are taken to hospitals or to a medical practitioner, they are not taken care of for giving emergency medical treatment on the ground that the case is a medico-legal case and the injured person should go to a Government Hospital. The Supreme Court emphasized the need for making it obligatory for hospitals and medical practitioners to provide emergency medical care. This is not the only reason for not attending on injured persons or persons in a medical emergency, for sometimes such persons are turned out on the ground that they are not in a position to make payment immediately or that they have no insurance or that they are not members of any scheme which entitles them to medical reimbursement. The Supreme Court reiterated its views in Paschim Banga Khet Mazdoor Samithi v. State of West Bengal, 1996 (4) SCC 37 and National Consumer Redressal Commission has also decided in like manner in Pravat Kumar Mukerjee v. Ruby General Hospital (25.4.2005).


Read the full judgment
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