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During any point in the treatment, a patient is free to take discharge or leave from the hospital. For example, hospital authorities cannot force patients to stay in the hospital or restrict them from moving out of the hospital. Similarly, caretakers of a deceased patient have the right to receive his body from the hospital.1. For example, while undergoing treatment, the hospital cannot withhold A’s body from his relatives. Even if the fees or medical bills are not paid for, the body is to be released to the relatives.
A hospital or medical professional cannot hold a living patient, or the body of a deceased patient for any reason including:
- Non-payment/delay in payment of charges,
- Dispute regarding any hospital charges.
Under the law,2 this is a crime of wrongful confinement. The punishment for wrongfully confining someone is a jail term of up to 1 year, fine up to ₹ 1000 or both.3
If the confinement extends to 3 -10 days, the punishment is imprisonment of up to 2 years or 3 years respectively.4
Devaraj
February 16, 2024
We admitted our relative in a hospital in bangalore.. she is deceased post surgery…initially hospital members said they will claim through insurance.and the attemders were hoping thw all ampunt to be claimed by insueance..once the patient is deceased, they are claiming a bill of 7.27L which qas never expected by the family members..Now the hospital denies to give the body unless amd until they pay a certaim amount of 3L..what could be done here?
Alka Manral
April 30, 2024
If the patient is the policy holder, and the policy is active, and dies during hospitalization, you can file a claim. If you insurer refuses to release the amount, you can file a complaint on consumer forum. You call the consumer helpline to register your grievance at 1800-11-4000 or 1915. You can also register the complain online at https://edaakhil.nic.in/edaakhil/. Further, you can file a complaint in your state’s Consumer Disputes Redressal Commission. There is no fee for filing an appeal before the state or national commission. The hospital cannnot deny the dead body. Confining a dead body in a hospital will amount to wrongful confinement as defined under Section 340 of the Indian Penal Code, 1860. Refer to the Charter of Patients rights and responsibility here: https://nhrc.nic.in/sites/default/files/charter_patient_rights_by_NHRC_2019.pdf, Right number 15 says, “A patient has the right to take discharge and cannot be detained in a hospital, on procedural grounds such as dispute in payment of hospital charges. Similarly, caretakers have the right to the dead body of a patient who had been treated in a hospital and the dead body cannot be detailed on procedural grounds, including nonpayment/dispute regarding payment of hospital charges against wishes of the caretakers”. You can file a complaint in police station under sec 340, further you can approach the national/ state human rights commission.
Alka Manral
May 21, 2024
If the patient is the policy holder, and the policy is active, and dies during hospitalization, you can file a claim. If you insurer refuses to release the amount, you can file a complaint on consumer forum. You call the consumer helpline to register your grievance at 1800-11-4000 or 1915. You can also register the complain online at https://edaakhil.nic.in/edaakhil/. Further, you can file a complaint in your state’s Consumer Disputes Redressal Commission. There is no fee for filing an appeal before the state or national commission. The hospital cannnot deny the dead body. Confining a dead body in a hospital will amount to wrongful confinement as defined under Section 340 of the Indian Penal Code, 1860. Refer to the Charter of Patients rights and responsibility here: https://nhrc.nic.in/sites/default/files/charter_patient_rights_by_NHRC_2019.pdf, Right number 15 says, “A patient has the right to take discharge and cannot be detained in a hospital, on procedural grounds such as dispute in payment of hospital charges. Similarly, caretakers have the right to the dead body of a patient who had been treated in a hospital and the dead body cannot be detailed on procedural grounds, including nonpayment/dispute regarding payment of hospital charges against wishes of the caretakers”. You can file a complaint in police station under sec 340, further you can approach the national/ state human rights commission.-