Legal Question in Personal Injury in India

Right to Emergency Care

Request to kindly clarify the below mentioned statement is TRUE or Not in India

The Supreme Court has ruled that all injured persons especially in the case of road traffic accidents, assaults, etc., when brought to a hospital / medical centre, have to be offered first aid, stabilized and shifted to a higher centre / government centre if required.

It is only after this that the hospital can demand payment or complete police formalities.

In case you are a bystander and wish to help someone in an accident, please go ahead and do so.

Your responsibility ends as soon as you leave the person at the hospital. The hospital bears the responsibility of informing the police, first aid, etc.

Any examples of supreme court judgements based on the above fact

Awaiting your reply


Asked on 9/20/07, 9:52 am

2 Answers from Attorneys

Re: Right to Emergency Care

Consult SCC or commentary on constitution where you can find reply to your query.

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Answered on 9/20/07, 1:32 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Right to Emergency Care

well the hospital has got their own policies in general. and as a part of procedure the responsibility of the person does not end when he/she leaves the injured at hospital. You can always refer the S.C.C. or refer Constitution Law of India you can find certain relevant authorities

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Answered on 9/20/07, 10:52 am


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