Kerala Consumer Court Fines Hospital and Insurer for Holding Discharged Patient
Sanjeev Kumar January 06, 2026 08:22 PM

The Malappuram District Consumer Commission has fined a private hospital and an insurance company for detaining a discharged patient over an unpaid bill. The verdict orders them to pay ₹30,000 in compensation in addition to the treatment costs. 

Malappuram: The District Consumer Commission has ruled that a discharged patient cannot be detained in the hospital until the bill is paid, ordering Star Health Insurance Company and a private hospital to pay ₹30,000 in compensation to the patient for doing so. The commission's action came on a complaint filed by a native of Chungathara. The complainant and his family had a Star Health Insurance policy since 2015. On September 18, 2024, the complainant's son was admitted to a private hospital in Perinthalmanna and underwent surgery due to breathing difficulties.

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He was discharged on September 19, 2024. Although the insurance approved an advance of ₹11,000 for the treatment, only ₹41,800 was sanctioned against the discharge bill of ₹66,500. The insurance company stated that no more amount could be sanctioned. Subsequently, the petitioner and his son were only able to leave the hospital in the evening after borrowing money from relatives to pay the bill in full. Five days later, the insurance company sanctioned an additional ₹23,905. Following this, a complaint was filed with the commission, alleging negligence on the part of the hospital and the insurance company for having to stay in the hospital due to the inability to pay the bill, and demanding the full treatment cost be covered.

Hospital and Insurer Fined

The commission ruled that hospitals are obligated to record the time along with the date of admission and discharge in hospital records, and that not allowing a patient to leave the hospital for non-payment of a medical bill is a deficiency in service. The commission also ruled that discharging a patient after treatment and paying the hospital bill are two separate procedures.

It was found that both the insurance company and the hospital were at fault in the situation where a post-surgery patient, despite being discharged in the morning, had to stay in the hospital until the evening because the insurance amount was not sanctioned. The commission awarded the full cost of treatment, ₹25,000 as compensation, and ₹5,000 for court costs. The commission, comprising President K. Mohandas and members Preethi Sivaraman and C.V. Muhammed Ismail, ruled that if the verdict is not implemented within 45 days, nine percent interest must be paid on the awarded amount.

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