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Hospitals run more like businesses than a service: Bombay High Court

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The Bombay High Court on Monday expressed its displeasure over the commercialisation of medical professions. "Gone are days when the medical profession was regarded as service (to society). Nowadays most hospitals are run like businesses rather than as a service," said a division bench of Justices V M Kanade and Anuja Prabhudessai.

"Every one of us has suffered at the hands of doctors at one point or the other, least is said the better, when it comes to what the doctors do and what they should do," said the bench.

The observations were made during the hearing of two petitions challenging the purported practice of detaining patients adopted by some hospitals for recovery of their dues. The court also expressed suspicion regarding the increasing use of laboratory and other tests prescribed by doctors for aiding diagnosis.

The court was hearing the petition of a Kurla resident, Trevor Britto, 54, who alleged that Prachin Healthcare Multi-specialty Hospital at Panvel had refused to discharge his injured bus driver, Chandrakant Pawar. The other petition is filed by a Santacruz resident alleging that Seven Hills Hospital at Marol had refused to discharge his brother for not paying disputed dues of Rs 1.80 lakh. Bothhospitals have refuted the allegations.

Advocate Rui Rodrigues, who represented an association of doctors, said the situation has changed because the medical profession has come under the purview of the Consumer Protection Act, 1986, and doctors have now become liable as service providers.

Replying to the pleas, the medical council of India (MCI) informed the court that it had no control over hospitals and clinics, though it regulates registered medical practitioners. The MCI filed an affidavit stating that the MCI Act is applicable only to registered medical practitioners and not to hospitals and clinics. Therefore the MCI has no control over them. The affidavit was filed after the court asked the MCI what can be done to curb the practice adopted by some hospitals to detain patients or bodies for want of payment of dues.

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