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Right to health and medical care is a fundamental right9 under the Right to life10 guaranteed by the Constitution of India, 1950. Government hospitals and medical officers are duty bound to give medical treatment for preserving human life. If there is any sort of failure to provide timely medical assistance to a person in need, it is a violation of the Right to life. The hospitals also cannot refuse treatment on the grounds that the patient is not
in a position to pay the fee or meet medical expenses. Moreover, the State cannot avoid its duty to provide adequate medical services to people on account of financial constraints11
If this does happen, you have the option of filing a writ petition in the High Court or the Supreme Court for violation of right to life (fundamental right). The Courts can direct hospital authorities to help you and provide you with medical assistance. Take the help of a lawyer to file the case.
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