Stating that no clinical establishment must deny initial life-saving aid on the ground of non-payment of advance or lack of documents to patients in need of emergency care, the Kerala High Court has held that all clinics must screen and stabilise such patients and ensure their safe transfer, with proper documentation and communication, to a ‘higher centre when indicated.’
A Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. on Wednesday held that hospital authorities ought to also ensure that, along with the discharge summary, all investigation reports pertaining to the treatment such as ECG, X-ray, CT scan, and other test reports too have to be handed over to enable the patient to maintain proper records.
The court upheld the validity of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018 along with the allied Rules and Schedules and said their provisions are neither vague nor disproportionate, and are in conformity with global standards. Dismissing writ appeals by Kerala Private Hospitals Association and the Indian Medical Association (IMA), it upheld the decision of a single judge of the High Court.
List of services
Referring to the need for transparency, the court held that each clinical establishment must prominently display, in Malayalam and English, at the reception/admission desk and on its official website the list of services offered, the baseline and package rates for commonly performed procedures, and a note that unforeseen complications or additional procedures shall be itemised.
The name, phone number, and email ID of the grievance officer, contact details of the District Registering Authority/District Medical Officer (DMO) helpline and other escalation contacts too must be displayed.
At the time of admission, details in Malayalam and English must also be provided of the baseline and package rates with inclusions, the estimate and the billing policy, discharge procedures, ambulance and transport charges, 24×7 emergency care protocol and grievance redressal and escalation mechanism. Each establishment must endeavour to resolve all complaints within seven working days, while unresolved or serious matters shall be escalated to the District Registering Authority/DMO without delay. There must also be a complaint register, in physical or electronic form, available for inspection.
Patients would remain at liberty to pursue remedies for deficiency of service before the competent Consumer Disputes Redressal Commission, lodge complaints with the local police when appropriate, including in cases involving alleged fraud or cheating, escalate grave or systemic grievances to the Chief Secretary and the State Police Chief and also seek assistance from the District or State Legal Services Authorities for advice and facilitation. The establishments concerned must issue receipts for all payments and complaints they got.
Regulatory action
Non-compliance with these guidelines would attract regulatory action under the Kerala Clinical Establishments Act, 2018.
In addition, the State government must publicise the effective contents/directions issued in this judgment through visual media and print media, for a period of one month, in a Malayalam and English daily having wide circulation to enable citizens to understand their rights regarding medical treatment. The judgment is a reaffirmation of the right to dignified, ethical, and equitable medical care, the court stated.
Published – November 26, 2025 09:22 pm IST
