You can complaint about the same to charity commissioner as well as police if it’s a charity hospital. But you can’t compel a private hospital to compel treatment without their fees
Hospital forcing discharge of paying bedridden terminal patient
My father, 75, is in Stage 4 cancer. Admitted to hospital for complications. Now better but still bedridden with a feeding tube. His prognosis is terminal (untreatable). Basic charges are no problem and being paid, but hospital keeps persisting in pushing for extra care such as catheters, infusions and stronger antibiotics. This was running up a huge bill above the basic charges. We previously signed a comfort-care-only form. When we refused some strong antibiotics four days ago (until the bacteria was cultured and sensitivity determined), the doctor seemed to be unhappy and now is saying we have to discharge him the next day (tomorrow). We have no support system at home as my mother herself is 75 years old and I live abroad and am the only child. Can the hospital discharge him against our wishes? How can we legally force the hospital to keep him for one or two weeks (on payment of all the basic charges) until we can make alternative arrangements? It will take at least one week for me to arrange to visit India. ------------------- Background/Nuances: One aspect of the antibiotics is that the doctor said that if an infection is not treated it may affect other patients. So we had merely requested a 48-hour hold rather than a refusal because it was hastily prescribed by a different doctor while the treating doctor was on leave, until it was determined more conclusively by other investigations. However in the last four days they haven't been doing much further investigation or monitoring. My father appears healthier and it is likely that his existing antibiotic + immune system has controlled it. But in the absence of a repeat WBC test it is difficult to know. ADDITIONALLY, I'm happy to compromise on the antibiotics if that's what it takes to keep him in the hospital. However, it seems fishy legally that they can force that on the threat of a forcible discharge. Finally, before the antibiotics there was a long chain of questionable treatments that they had pushed and we had reluctantly accepted, such as Rs. 50,000 per day of albumin infusions while protein powder could have worked via feeding tube. The most notable procedure was installing a PICC IV line/catheter just 6 days ago at a cost of Rs. 50,000, which is used to deliver medicines long term for up to 6 months. So it is a surprise that after installing that long term expensive line for treatment, they suddenly want to discharge him.
Asked 25 days ago in Consumer Law
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6 Answers
A hospital in India cannot force a terminal illness patient to be discharged immediately solely due to the patient's inability to bear the high expenses of treatment, even if it involves unnecessary medications. A hospital cannot detain a patient against their will, especially over a payment dispute. The Right to Health is a fundamental right, and patients have the right to be discharged when they are medically stable, regardless of their ability to pay.
While a hospital may discuss treatment options with a terminally ill patient and their family, they cannot force the patient to continue with expensive or unnecessary treatments against their will. The patient or their surrogate can make decisions about withdrawing or limiting treatment, especially if it's not in their best interest or if they wish to prioritize palliative care.
A patient can file a writ petition under Article 226 or 32 of the Constitution of India to challenge a hospital's decision to discharge the patient immediately solely because of their inability to pay for expensive treatments, including those that may be deemed unnecessary
hospital can't force a discharge, they can encourage discharge if the patient is no longer benefiting from active medical treatment and their care is better managed in a different setting.
This might involve transferring the patient to hospice or palliative care, where the focus shifts from curative treatments to symptom management and comfort.
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Hospital cannot discharge your father against your wishes if bills are being paid. You are entitled to continue paying for basic care.
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Send a formal letter to the hospital administration stating that discharge is unsafe and request 1-2 more weeks for alternative arrangements. Mention your father's terminal condition and lack of family support.
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If the hospital insists on discharge, you can file an emergency complaint with the State Medical Council or health authorities.
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Agree to basic antibiotics to prevent further conflict, but do not sign any discharge form. This will give you time to make arrangements for care.
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Document all communications, treatments, and payments to protect your rights and ensure proper care.
- You can lodge a complaint against the said hospital before the State Medical Council for discharging the patient in a serious condition
- Further, you can also lodge a complaint before the Consumer forum as well.
According to the Indian law and patient rights , a hospital cannot forcibly discharge or detain a patient against the patient's or their authorized family members' will, particularly when the basic charges are being paid and the patient or family wants to continue care or postpone discharge in particular. The "comfort-care-only" form you signed upholds your right to refuse aggressive treatments such as strong antibiotics, and the hospital has to honor this informed decision without coercion.
Can the hospital discharge your father over your objection?
The hospital cannot discharge him unilaterally just because you didn't want some treatments, particularly if he remains medically stable and basic payments are being met.
If the hospital does insist on the discharge of the patient, they have to provide a "dignified transfer" with continuity of care, either in the patient's home or in an another facility.
The hospital's argument that untreated infection can harm others does not warrant forced discharge without due medical evidence or alternative arrangements.
How do you prevent or delay discharge legally?
Write clearly in an email or letter your willingness to pay all the basic charges and your request for continued admission for at least 1–2 weeks to arrange care.
If the hospital goes ahead with enforced discharge, you can move a habeas corpus petition for unlawful detention if they do not let him go, or go to consumer courts for violation of patient rights.
