The Calcutta High Court has directed a man to take his wife home from Apollo Multispecialty Hospitals Limited after doctors found that she no longer required indoor hospital treatment, while also holding that the the hospital was restrained from claiming dues from the patient or her husband in the peculiar facts of the case.
The writ petition was filed by Apollo Multispecialty Hospitals Limited seeking guidelines from the State authorities to deal with situations where patients continue to remain in private hospitals after discharge because family members refuse or are unable to take them home. The hospital also sought directions concerning patient Poonam Gupta, who had remained admitted since September 2021.
According to the hospital, Poonam Gupta was admitted after suffering a serious head injury in a two-wheeler accident and underwent emergency surgery. The hospital submitted that the treatment bill from September 15, 2021 to September 30, 2024 stood at ₹1,09,03,348, of which only ₹15,000 was paid at the time of admission while the insurance company approved ₹5,70,000, leaving the remaining amount outstanding. It alleged that the husband neither cleared the dues nor took the patient home despite repeated requests and complaints to authorities.
The husband told the Court that he lacked the financial means to pay the hospital charges or care for his wife at home. He also alleged that proper treatment had not been provided.
Justice Krishna Rao had earlier directed a medical team from Calcutta Medical College to independently assess the patient’s condition.
The expert committee found that the patient was conscious, stable, able to feed herself, and did not require continued indoor hospitalization. The report stated that rehabilitation and tracheostomy care could be managed at home with trained paramedical assistance.
The State government also informed the Court that shelters for the homeless in West Bengal were not equipped to handle recovering patients requiring medical supervision.
Referring to the medical findings, the bench observed that the patient “can be discharged for homestay” and that future treatment, if necessary, could be provided at government hospitals.
Disposing of the petition, the High Court directed the husband to take his wife home within one week of discharge and ensure proper care. The Court further ordered that if medical treatment becomes necessary in future, she must be provided immediate treatment at a government hospital.
The Court also directed State authorities to provide a wheelchair free of cost before discharge. Importantly, it held that the hospital “shall not claim any bill amount from the patient or from the respondent no.8,” though it would remain free to pursue any claim permissible against the insurance company.
Justice Rao clarified that the order had been passed in “peculiar circumstances” and should not be treated as a precedent in other matters.
Case Title: Apollo Multispecialty Hospitals Limited & Anr. vs State of West Bengal & Ors.
Case Number: WPA No. 26195 of 2024
