Oct 26, 20202 min
A division Bench of Justices K. Vinod Chandran and T. R. Ravi while hearing a habeas corpus petition moved by an aggrieved mother seeking her son’s discharge from the hospital in the case of Reeja v. SHO and Ors ordered a Hospital to discharge an inpatient who was allegedly "detained at the hospital for failing to clear hospital bills".
Facts of the case:
There were several allegations and counter allegations about how and why the patient continued in the hospital after July 8, 2020, when he was ready to be discharged
While the petitioner claimed the hospital had detained the patient because of non payment or outstanding bills, the hospital in defense said that the patient’s family insisted the hospital to let the patient stay back at the hospital till the payment was made, though the patient was already discharged.
The hospital had filed a police complaint against the petitioner’s family to recover the dues, which the Court recorded the police was not entitled to proceed with. According to the petitioner, the hospital was refusing to discharge her son on account of unsettled amounts they allegedly owed the hospital.
Noting that the patient was ready to be discharged in July, the Court remarked:
We find it difficult to swallow the version of the respondent-hospital especially since the complaint is filed before the Police on the claim of return of money which the Police is not entitled to proceed with. The report of the Station House Officer, has specifically quoted the Medical Officer accompanying him as having opined that the petitioner's son can be discharged and he does not require any further in-patient treatment.
The Court disposed of the petition directing that the patient be discharged and the petitioner be allowed to take her son home. They stated that the amounts due if any, could be collected only until July 8, 2020, the date on which the patient was declared fit for discharge.
Read Order here