Many times, people lose their lives due to not getting timely treatment. Given this serious problem, emergency medical care has now been included under the ‘Right to Life’. This simply means that any patient who reaches the hospital in an emergency must get immediate treatment without any delay.
Now, emergency medical care is not just a facility, but a fundamental right of every citizen. Not treating a patient in critical condition by any hospital will now be considered not only morally wrong, but also legally a crime. If a hospital refuses treatment, then in such a situation, a case can be filed in the Consumer Court. This is a revolutionary change that can save the lives of millions of people.
Hospitals cannot refuse treatment in an emergency
This is very important information. If a patient reaches the hospital in a critical condition, the hospital cannot refuse to treat him at any cost. Whether it is a government hospital or a big private hospital, in case of emergency, it is mandatory to save the life of the patient first. All the remaining formalities (such as paperwork or payment) can be completed later.
This is not just a moral responsibility, but has now become an important rule of law. Under Article 21 of the Indian Constitution, which deals with the ‘right to life’, emergency medical care has been considered an integral part of it. This means that if a person does not get timely treatment and dies or suffers any other major harm, it will be considered a violation of their rights. In such a situation, the patient or his family members can file a complaint against the hospital in the consumer court.
How to file a complaint in the consumer court
If you or a member of your family has been denied treatment by a hospital in an emergency, you can complain to the consumer court, considering it a ‘deficiency in service’. This process is not as difficult as it seems. First of all, you must have some solid evidence. These may include. If possible, make a video or audio of the incident. Testimony of someone present at the time of the incident. Written proof of refusal of treatment by the hospital, if any.
You can file your complaint in the District, State, or National Consumer Forum. The best part is that you do not always need a lawyer to file a case in the consumer court. You can also fight your case yourself. You have to prove in court that the hospital endangered your or the patient’s life by not providing treatment in a critical condition. If your complaint is found to be true, the court can get you compensation. Apart from this, the hospital can also be fined for this