You are at liberty to obtain discharge from hospital
make arrangements for oxygen at your residence ,hire attendant to look after him
if father in law dies it would not impact your insurance claim
MACT:claiming Third party insurance
My FIL is in hospital in a hit and run accident case,he is in ventilator now post operation of head injury, and showing no sign of recovery even after a week and hospital bills have crossed 10lakh, we have consulted multiple opinions from other doctors (out side of hospitals)and they have all concurred that patient will not recover no matter how many days he stays in hospital or at home.Max he can stay for a week without oxygen or a month with oxygen , we can no longer afford the hospital bills, but the doctor is unwilling to shift the patient out of ventilator and just dragging with the reason of slow recovery.we want to get him discharged from hospital and bring him home and let him be on gods will until his last breath. And if we do so that would be against the doctor advice and we may have to give it in return. Hence, if we bring him home due to financial situation against the doctor and hospital advice , would it impact the third party Insurance claim Under MACT? If so how to have a workaround with it so that the claim process is not impacted because of our decision
Asked 4 years ago in Civil Law
6 Answers
The cause of death is road accident. Taking him out will not impact the amount to likely compensation. No one can claim that he could have recovered had his ventilation is prolonged. The hospital has its axes to grind, they are being paid. You can bring him home and let him die in dignity. Any argument by insurer that taking out him out from ventilation is the cause of death and not the accident will not be heard by Court.
- Since, your FIL is hospitalised due to the reason of road accident.
- Then you should file a compliant before the police for lodging an FIR for the case , and may be there already an FIR for the said accident with the police.
- Hence if he dies, then his legal heirs can claim insurance claim legally after submitting the FIR copy and death certificate before the insurance company.
- Further, you should inform the hospital regarding your capability to pay the charges , and request to discharge him ,and there by take the discharge certificate with the situation of his recovery for claiming the medical insurance if any.
Dear sir,
Every insurance company has its own policies. Please look into the insurance contract to figure out the third party liability. Although in normal circumstances, you must be awarded compensation under the insurance policy, unless you have not disclosed any information
Thank you
Bringing him back to home against the doctor's advice is your decision, it will not make any impact to the MACT case.
The claim will be based on the accident, treatment particulars and other aspects.
If there are no chances for recovery then there is no point in keeping him in the hospital incurring huge expenses in the name of medical bills, moreover the hospital people cannot be taken for granted, because they would impose all the expenses possible in order to get their pockets filled, you cannot be stopped by hospital authorities from taking home the patient against their advice and since this is a critical case, there is no impact for the motor accidents insurance claim for doing so.
You can even consult an advocate who specialises in the MACT cases alone about this before taking a final decision if you are not sure of what is ahead.
Dear Sir,
Always be in good books with medical officer as his evidence is very important and you can twist the case in your favor.
