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Pro note problem

(Querist) 12 May 2013 This query is : Resolved 
Dear Sir,

One month before, My elder brother met with an accident where i admitted him in one of private hospitals of Delhi on 1 april 2013. But i was not in position to afford treatment expenses even of one day. Hospital's admin torture me till 7 days for payment but after my alot of try i could not pay more than approx 35 thousands ruppes while the bill was approx 7 lakhs.. since my brother was in NICU and unfitted for any statement they did not transfer him to any govt. hospital. after 7 days my brother he expired. at the time of body discharge they create a lot of problem.... but released. I noticed that during the documentation they got signed a pro note of 6.56 lakh with 15% qty compound interest rate from me in my unconsciousness. after sign i noticed that but there was nothing in my hand. at pro note there is my permanent address of UP where i am working in delhi. this amount is impossible to pay for me. one police gentlemen was telling me that you did not pay any amount for his treatment. it was MLC case and police or govt. has to pay or free treatment from hospitality. i also was submitted a recommendation letter from health minister of delhi to the hospital about our poor status as request for free bed treatment on next day i.e. 2nd april but they did not provide free and charged everything.

kindly advise that how to escape me from this pro note. i am already in sorrow and full of tension with this pro note. if they came to my house my mom and dad will be insulted and i do not have to any thing.... please help and advise .

should i care about pro note and pay to hospoital that will take me about 10 to 15 year and i do not know i can pay thereafter or not....
ajay sethi (Expert) 12 May 2013
if you have signed a promissory note hospital will seek to recover said amount of RS 6.56 lakhs with interest at 15%. hospital will file summary suit aginst you . if you were not in position tpo pay the medical bills you ought not to have admitted your brother in pvt hospital where medical bills are exhorbitant .

pvt hospitakls in delhi have been directed to admit 10%poor patients free of cost . try to find whether you fall under this criteria
ajay sethi (Expert) 12 May 2013

Private hospitals directed to treat poor patients NEW DELHI, January 6, 2013

Forty-three private hospitals in the Capital have been directed to “proactively ensure that the quantum of free treatment as directed by the courts [10 per cent indoor patients and 25 per cent of the total outdoor patients]” is provided to patients from the economically weaker sections without any qualification or reservation.

Issuing a warning, Delhi Health Minister A. K. Walia on Saturday said: “If these hospitals are found wanting in implementing the legal provisions with regard to free treatment to poor patients, we will take firm action against them.”

Delivering the keynote address at a workshop organised at Delhi Secretariat to strengthen free medical care to the economically weaker sections in private hospitals, he added: “We want to ensure 100 per cent implementation of the court directions enabling poor patients to get medical facilities in some of the leading hospitals including — Dharamshila, Escorts, Max Saket, Fortis Vasant Kunj, Primus, Rockland, VIMHANS, G.M. Modi and Jessa Ram Hospitals. Also non-complying hospitals have been issued notices to explain why proceedings of contempt of court should not be initiated against them.”

At the meeting, the Health Minister noted that the department was also starting an SMS service by which the general public can easily know the availability of free beds in each of the identified private hospitals along with the available specialties there.

Stating that the network of ambulance services of Delhi Government will soon be linked up with transportation services to the patients being admitted or need to be admitted in private hospitals,

Dr. Walia said: “The city needs a 24X7 phone services and help-desk in private hospitals so that poor patients are not required to run here and there and receive all information and admission services at one point, this is something that the department is taking up on a priority basis.”
ajay sethi (Expert) 12 May 2013
if you have BPL card or your annual income is below Rs 6084 per family then you are eligible to be treated as poor patient .

if inspite of meeting criteria you have been denied free treatment then you should complain to medical supdt of the hospital

delhi.gov.in/wps/wcm/connect/.../policy+free+treatment.pdf?MOD
Raj Kumar Makkad (Expert) 12 May 2013
I do endorse the detailed reply of Ajay.
R.K Nanda (Expert) 12 May 2013
no more to add.
Shyam Singh (Querist) 12 May 2013
Dear Sirs,

I respect all of you and your advice. But i am not in the position to pay anything in near future at least 2 to 3 year since he was elder brother and left many immediate responsibilities of parents and siblings and childrens; marriage of sister and children education. I want to pay but when i will be in the position it may take approx 3 to 5 year but meanwhile how to tackle in between if they suit the case against me. it's one thing.

second, can there be some settlement between me and hospital at any possible sum of amount...

please advise.
M V Gupta (Expert) 13 May 2013
It means that u do not fall in the category of poor patients, and as such u will have to meet the medical bills raised by the Hospital. You may consider approaching the hospital authorities to allow u installment facility.
ajay sethi (Expert) 13 May 2013
even if hospital takes legal proceedings against you suit wont be decided in a year time . if you contest the case it may go on for years
Raj Kumar Makkad (Expert) 14 May 2013
If you are not in the position to pay then let the hospital proceed.
prabhakar singh (Expert) 14 May 2013
You have at least one defence that no so much money was incurred as expenditure by the hospital.The pronote was created under coercion.
Possibilities of a consumer complaint of negligent treatment should also be explored.

These all may at least buy time you want.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 May 2013
Not to worry much but still remain alert nor careless.

Even for pro note the hospital will have to file a summery suit for recovery.

Your only drawback will be that you will get only TEN DAYS TIME to apply for LEAVE TO DEFEND for which you should be ready in advance with expert legal advice. MANY PEOPLE JUST FAIL ON THIS INITIAL STAGE FAR WANT OF PROPER LEGAL EXPERTISE.

Once leave to defend is granted the case will go for civil trial where the hospital will have to prove legal dues and your liability. IT WILL NOT BE EASY FOR THEM.
Shyam Singh (Querist) 14 May 2013
Thanks for your advice Shri Prabhakar and Advocate Defense.

Your advice to defend is highly appreciated. Please give your advise to defend myself as much as possible.


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