Kerala High Court directs hospital to discharge patient allegedly held hostage for non-payment of bills [Read Order]

On Friday, the Kerala High Court on Friday ordered a Government Hospital to discharge an inpatient who was allegedly detained at the hospital for failing to clear hospital bills. (Reeja v. SHO and Ors.).A Division Bench of Justices K. Vinod Chandran and T. R. Ravi was hearing a habeas corpus petition moved by an aggrieved mother seeking her son’s discharge from the hospital..The petitioner averred that the hospital was refusing to discharge her son on account of unsettled amounts they allegedly owed the hospital..After the petition was first heard by the Kerala High Court, the Court directed the Station House Officer accompanied by a Medical Officer to visit the hospital and to file a report on the condition of the son of the petitioner..During proceedings on Friday, the Government Pleader placed a report before the Court that stated that there were allegations and counter allegations about how and why the patient continued in the hospital after July 8, 2020, the day he was discharged..While the petitioner claimed the hospital detained the patient because of bills outstanding, the hospital asserted that the patient’s family was insisting on continuing in the hospital till the payment was made, though the patient was already discharged..Further, 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..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.".Therefore, the Court directed that the patient be discharged and the petitioner be allowed to take her son home..The amounts due if any, could be collected only until July 8, 2020, the date on which the patient was declared fit for discharge..On these terms, the petition was disposed..Read the Order