Doctors can not insist and wait for money (fees) when death is knocking the doors of the patient
It is contended by the learned counsel for the Hospital and Doctors that because the passerby who had brought the deceased in the Hospital wanted to take him to Government Hospital and hence treatment was discontinued, is not at all acceptable. Firstly, if the deceased was to be taken to a Government Hospital, there was no question of bringing him in Ruby Hospital, at the initial stage. As per the record other cyclist who was coming from poor strata was taken to Government Hospital and the deceased was brought to the Ruby Hospital. Secondly, it is established on record from the departmental enquiry quoted above and from the admission of the Front Office Assistant that there was demand for initial admission charges and that prevented the persons accompanying the patient to admit him in Ruby Hospital. It is the procedure of the Hospital to admit the patient after receiving the money. As per the statement of the Chief Manager, the Hospital, belongs to commercial health organisation and as per the norms the staff engaged for settlement for admission applied norms to the patient for depositing of advance money. In our view, therefore, the contention of the Hospital that the passer-by who brought the patient to the Hospital wanted to take him to Government Hospital is baseless. In any case, the transfer from one Hospital to the other Hospital was required to be done in the form prescribed and after taking a written undertaking. Nothing was done. This establishes beyond doubt that admission to deceased Sumanta was refused solely on the ground that the persons who brought him in the Hospital were not in a position to deposit the amount of Rs. 15,000/-.
56. Further Once the treatment has started, it would mean that the Complainant has hired the services. May be at the relevant time the consideration was not fixed or not paid. But, it was either promised, deferred or because of implicit duty of a noble profession in such emergency cases.
Consumer Disputes Redressal Commission
Pravat Kumar Mukherjee vs Ruby General Hsopital And Ors. on 25 April, 2005
Equivalent citations: II (2005) CPJ 35 NC
Bench: M Shah, P Shenoy
