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The escalating incidents of violence against healthcare service personnel such as doctors and nurses, and the damage or loss to the property of healthcare service institutions in the country, demand our collective attention and immediate action. There have been recent incidents in Apollo centres where patients or their attenders/relatives have displayed abusive, unruly, or violent behaviour and have refused to leave the hospital despite the patient recovering and fit for discharge.
In order to combat such behaviour of such persons, several State governments have enacted laws to protect hospital property and medical personnel from damage/harm. 23 States/Union Territories have enacted specific legislation on the topic as listed out below.
The Government of Tamil Nadu has enacted the Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2008 (“The Act”), which provides for specific punishments in the case of “any harm, injury or endangering the life or intimidation, obstruction or hindrance” to any medicare service person or property.
Under the Act, violence to hospital personnel are offences which are cognizable, non-bailable, and may lead to punishment with imprisonment for a term which shall not be less than three years, but which may extend to ten years and with a fine. Further, in case of damage to property, the person shall be liable to pay compensation for the damage or loss caused to the property.
Thus, whenever there is unnecessary harassment that is being caused by a patient/family/attenders due to any issue, we recommend that in consultation with Group legal Advisor, Corporate Compliance & Management, that (i) an FIR is filed with the Police clearly documenting the abusive/ unruly/ violent/ intimidatory behaviour of the patient/ attenders/
relatives, invoking the provisions of the relevant legislation (ii) steps are taken with the support of the police to discharge the patient or shift the patient to a government hospital or one of their choice. If the Apollo centre is transferring the patient in their ambulance, please ensure adequate medical care is provided enroute.
Please note that if the case is an emergency, then the patient must be treated, and discharge cannot happen until stabilisation of the medical issue. Also, please ensure that nowhere is it recorded whether in the complaint before the police or the discharge summary that the patient was being discharged/transferred due to non-payment of hospital bills.
Annex 1: List of States
S.No. | State | Act |
1. | Andhra Pradesh | The Andhra Pradesh Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage To Property) Act, 2008. |
2. | Delhi | The Delhi Medicare Service Personnel and Medicare Service Institutions. (Prevention of Violence and Damage to Property) Act, 2008 |
3. | Punjab | Punjab Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence & Damage tocProperty) Act, 2008 |
4. | Tamil Nadu | Tamil Nadu Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence & Damage Or Loss to Property) Act, 2008 |
5. | Madhya Pradesh | Chikitsak Tatha Chikitsa Sev Se Sambaddha Vyaktiyon KiSuraksha Adhiniyam, 2008 |
6. | Orissa | Orissa Medicare Service Persons & Medicare Service Institutions (Prevention of Violence & Damage to Property) Act, 2008 |
7. | Haryana | Haryana Medicare Service Personnel & Medicare Service Institutions Act, 2009 |
8. | Karnataka | Karnataka Prohibition of Violence against Medicare Service Personnel & Damage to Property in Medicare Service Institutions Act, 2009 |
9. | Maharashtra | Maharashtra Medicare Service Persons & Medicare Service Institutions (Prevention of Violence & Damage or Loss to Property) Act, 2010 |
10. | Chhattisgarh | Chhattisgarh Medicare Service Persons & Medicare Service Institutions Act, 2010 |
11. | Assam | Assam Medicare Service Persons & Medicare Service Institutions Act, 2011 |
12. | Puducherry | Puducherry Medicare Service Persons & Medicare Service Institutions (Prevention of Violence and Damage or loss to Property) Act, 2011 |
13. | Bihar | Bihar Medical Service Institution & Person Protection Act, 2011 |
14. | Gujarat | Gujarat Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence & Damage to Property) Act, 2012 |
15. | Goa | Goa Medicare Service Personnel & Medicare Service Institutions Act, 2013 |
16. | Uttarakhand | Medicare Service Persons and Institutions (Prevention of Violence and Damage to Property) Act, 2013 |
17. | West Bengal | The West Bengal Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage To Property) Act, 2009. |
18. | Uttar Pradesh | The Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013 |
19. | Kerala | The Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 |
20. | Himachal Pradesh | The Himachal Pradesh Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage To Property), Act, 2009 |
21. | Rajasthan | The Rajasthan Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 |
22. | Manipur | The Manipur Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2015 |
23. | Arunachal Pradesh | The Arunachal Pradesh Protection Of Medical Service Personnel And Medical Service Institutions (Prevention Of Violence And Damage Or Loss Of Property) Act, 2019 |