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Your rights

Can a hospital refuse emergency treatment?

Short answer

No. Every hospital must provide emergency treatment regardless of payment.

Understanding the issue

Every hospital — public or private — is legally bound to provide emergency medical treatment to any person brought in a critical condition. They cannot demand payment before providing emergency care. Refusing treatment in an emergency is a criminal offence. After stabilization, the patient can be transferred or billing can be discussed.

Laws that apply

  • Article 21 — Right to life includes right to health
  • Clinical Establishments Act, 2010
  • Supreme Court ruling in Pt. Parmanand Katara v. Union of India (1989)