Right to Emergency care: Consumer court

Journal of Indian Academy Forensic Medicine 01/2010; 33(3):248-53.


Indifference towards victims of accidents and those in emergency medical conditions and even
women under labour who are about to deliver is not peculiar to India but is prevalent in other countries
also. The SC of India as long back as 1989 observed in Parmanand Katara v. Union of India that when
accidents occur and the victims are taken to hospitals or to a medical practitioner, they are not taken care
of for giving emergency medical treatment on the ground that the case is a medico-legal case and the
injured person should go to a Government Hospital. The SC emphasized the need for making it obligatory
for hospitals and medical practitioners to provide emergency medical care.
Delhi State Consumer Court first taken up for consideration the question of maintainability of
award against the hospital in case of brought dead patient: This paper deals with critical review of recent
judgment of State Consumer Court of Delhi on the issue of right to emergency care of common man and
deficiency of service in Indian context.

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Available from: Mukesh Yadav, Oct 17, 2014