Law and Covid
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 careFor any such legal queries, visit our website, www.4csupremelawint.com or WhatsApp +9818320572773
