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Advisory Regarding Violence/Harassment/Abuse towards Doctors and the Hospital

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 PradeshThe 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  PradeshThe 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 PradeshThe Arunachal Pradesh Protection Of Medical Service Personnel And Medical Service Institutions (Prevention Of Violence And Damage Or Loss Of Property) Act, 2019