Kerala High Court Bars Hospitals From Withholding Life-Saving Treatment

The Kerala High Court has mandated that clinical establishments in Kerala must not refuse initial life-saving treatment to patients in emergency situations simply because of non-payment of advance fees or lack of documentation. 

The ruling sustains key provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 — including requirements for mandatory registration of hospitals, and public display of fee rates, package rates, and available facilities. 

Under the judgment, hospitals must screen and, if possible, stabilise emergency patients, and when necessary safely transfer them to a higher-care facility with proper documentation and communication. 

Further, hospitals are required to display, in both Malayalam and English, at their reception and on their websites: the list of services offered; baseline and package rates for common procedures; information about bed categories, ICU/OT availability, ambulance and other facilities; and details about patient rights and grievance processes. 

The Court dismissed appeals from private hospital associations that challenged certain sections of the Act (Sections 16, 39 and 47) and related rules, thereby reaffirming that the Act’s provisions are constitutional and necessary to ensure patient rights and transparent regulation of clinical establishments. 

The ruling also directs the state government to ensure implementation: a copy of the judgment is to be forwarded to the Chief Secretary, and a compliance report is to be submitted within 30 days. 

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