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Hospital Liability for Wrongful Denial of Emergency Treatment

Emergency situation me patient ko door bhejna – “bed nahi hai”, “doctor nahi hai”, “pehle deposit laao” – kabhi literally life–death ka difference ban sakta hai. Isliye many legal systems hospitals pe emergency care duty impose karte hain.

Wrongful denial tab kehla sakta hai jab:

  • Hospital ke paas realistically basic capacity ho help karne ki,
  • Patient clearly serious condition me ho,
  • Staff non-medical reasons se refuse kare – money, prejudice, paperwork.

Aise cases me hospital pe civil liability (compensation), regulatory action, even criminal negligence charges tak aa sakte hain. Courts dekhte hain ki kya minimal stabilising treatment possible tha – oxygen, first aid, pain relief, referral with ambulance, etc.

Of course, koi bhi hospital infinite capacity nahi rakhta. Genuine bed/ICU shortage, specialised expertise ki absence, ya safety reasons valid grounds ho sakte hain, provided they document and offer alternative support (referral, records).

Family ke liye practical step: events ka accurate timeline, names, refusal statements, CCTV if possible – sab record karo. Later justice ke liye yeh hi backbone banta hai.

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