Mumbai, March 9: A well-known hospital in the western suburbs reportedly refused to hand over the body of a cancer patient after the family failed to clear the hospital bill. The patient had died while undergoing treatment at the facility.
According to reports, the patient’s mediclaim had been partially approved, but the family was unable to immediately pay the remaining amount and requested time to arrange the funds. However, the hospital allegedly declined to release the body until the dues were cleared.
The family also approached the police for assistance, but their efforts reportedly did not yield any results.
Practice adds to distress of grieving families
Such incidents occur far more frequently than they are reported. By detaining the body over unpaid bills, hospitals effectively put families under extreme distress and pressure at a time of grief. In many cases, patients’ families are forced to run from pillar to post to pay private hospital bills.
A large number of patients find it difficult to afford treatment at private hospitals due to inflated charges and unnecessary diagnostic tests, which significantly drive up the final bill.
Bombay High Court observations on hospital practices
While hearing a Public Interest Litigation (PIL) in 2019, the Bombay High Court observed that detaining patients or bodies for non-payment of hospital bills amounts to wrongful confinement.
The court had stated that the State Government must provide an adequate grievance redressal mechanism so that relatives of patients can approach a designated authority capable of taking immediate action within the framework of the law, including initiating criminal proceedings where necessary.
Earlier, in 2014, the Bombay High Court had also denounced the “inhuman” practice of hospitals detaining patients until their medical bills were cleared. The observation came while hearing a petition filed by Sanjay Prajapati (25), whose brother was undergoing treatment at a hospital in Mumbai.
When Prajapati decided to shift his brother to another facility due to lack of improvement in his condition, the hospital allegedly refused to discharge the patient until the disputed bills were settled.
Legal remedies available for families
Advocate Tushar Bhosale, who is also a health activist, said, “It is extremely unfortunate that despite clear rules barring private hospitals from detaining dead bodies over unsettled bills, the practice continues in some places. Families facing such situations can approach the Medical Officer (Health) of the nearest BMC ward for intervention. The matter can subsequently be escalated to the health department, the Maharashtra Medical Council (MMC), and consumer forums to seek compensation for mental agony and violation of the dignity of the deceased.”
He added that the Supreme Court of India and several High Courts have repeatedly underlined that hospitals cannot hold a body as security for recovery of dues. “Billing disputes must be resolved through lawful means, such as civil recovery proceedings, rather than through coercive actions against grieving families,” he said.
Concerns raised by health activists
Health activists also point out that consumer courts have ruled against hospitals in similar cases. In several decisions, consumer commissions have described the detention of a body as an unfair and unethical practice.
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Medical ethics experts say hospitals must balance financial recovery with humanitarian considerations. They argue that medical institutions should establish transparent billing systems, payment plans, and dispute-resolution mechanisms instead of resorting to extreme measures.
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