Kerala HC's Landmark Ruling: Why Hospitals Must Treat Patients First

Underscoring that saving lives is the foremost duty of all medical institutions, the court made it clear that financial or procedural hurdles cannot override the fundamental right to emergency healthcare.

It observed that hospitals, irrespective of their ownership or status, have a primary responsibility to provide immediate medical attention to those who arrive in critical condition.

Every hospital must ensure that patients reaching the emergency department are promptly examined and their health condition stabilised.

If further specialised treatment is required, the hospital must take the responsibility to transfer the patient safely to another appropriate facility.

The ruling emphasised that the duty of care begins the moment a patient arrives, not after administrative procedures are completed.

The high court also introduced significant transparency requirements for hospitals.

All hospitals must clearly display their treatment charges in both Malayalam and English at the reception area and on their official websites.

The court stressed that treatment costs must be presented in a simple and comprehensible manner so that patients and their families can easily understand the expenses involved in various procedures.

This transparency, the court observed, will help prevent disputes, reduce exploitation, and ensure informed decision-making by patients.

The directive is expected to bring greater accountability in private and public healthcare systems, particularly in emergency situations where delays or denials have previously resulted in tragic consequences.

The court reiterated that access to emergency medical care is a fundamental right linked to the right to life, and hospitals cannot operate solely as commercial establishments when human lives are at stake.

The directive of the high court has come at a time when there has been a general impression about the rising cost of health care in Kerala, with private hospitals coming under flak, and this judgment is expected to bring cheer to many.

At several private hospitals, patients are asked to buy medicines from the in-house pharmacy, while outside, there are fair price medical shops.

- IANS