Law and Covid

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Can hospital refuse admission on account of financial limitations?

Covid, has thrown many legal doubts in addition to medical queries. In this series let’s address some of them today.
1. What benefits private sector employees can take in case of death due to Covid-19?
2. Can hospital refuse admission on account of not having money for treatment?
3. Are mass burials or cremations legal?
4. Are digital Wills legally enforceable during the pandemic?
5. What information should a discharge summary contain?

1.What benefits private sector employees can take in case of death due to Covid-19?
Legal heirs of private-sector employees can avail a) If deceased was in formal employment and contributing to Employees’ Provident Fund (EPF), they would be eligible for life insurance. Maximum benefit under this scheme is Rs. 7 lakh. B) Under Employees’ State Insurance scheme, all dependents of insured person who have been registered in ESIC portal prior to Covid diagnosis and subsequent death are entitled to receive the same benefits, in the same scale as dependents of insured persons who die as a result of employment injury.

2. Can hospital refuse admission on account of not having money for treatment?
No. Hospital cannot refuse admission on account of financial constraints. The fundamental right to life includes the right to health and access to basic medical care. Government and private hospitals must provide timely treatment to a person and cannot refuse it if the patient cannot meet medical expenses.

Government is duty bound to serve the patient irrespective of his ability to pay or not to pay. If a hospital denies emergency treatment, one can file a writ petition in a high court or the Supreme Court for violation of the right to life.

The Court has powers to order hospitals to provide you with medical assistance. You can also file a complaint with State/National Human Rights Commission of the State Medical Council.

3. Are mass burials or cremations legal?

No, mass burials or cremations are not legal in India. The National Human Rights Commission (NHRC) has held that the right to life, fair treatment and dignity derived from Article 21 of the Constitution, applies not only to the living but also their dead bodies.

The NHRC has also issued an advisory notice to the Centre and the state governments to protect rights and dignity of the dead. NHRC has given 11 recommendations for handling bodies with dignity. One of these recommendations specifically states that mass burial/cremations shouldn’t be allowed. Courts have also help that disposal of bodies by burial or cremation, should be done with due respect and solemnity.

4. Are digital Wills legally enforceable during the pandemic?
Currently digital or electronic wills (wills that have been written, signed or attested via electronic medium) are prohibited by law and any testamentary disposition via online medium is not recognised by Indian law.

6. What information should a discharge summary contain?
The discharge summary must contain a) Name, registration no. of treating doctor b) Date of admission and discharge c) relevant clinical history, assessment findings and diagnosis d) Investigation results e) Details of treatment f) Invasive procedures, surgery and other care provided g) discharge advice (medications and other instruction), h) Instructions about when and how to obtain urgent care

For any such legal queries, visit our website, www.4csupremelawint.com or WhatsApp +9818320572

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

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Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

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Who will pay rent for lockdown period?

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Legal consequences of being whatsapp group admin

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