On November 26, 2025, the Kerala High Court, led by Judges Sushrut Arvind Dharmadhikari and Syam Kumar V.M., delivered an important decision supporting the Kerala Clinical Establishments Act, 2018. This decision affects how hospitals run and impacts patient rights in Kerala.
The Case Overview
The Kerala Private Hospitals Association and others challenged parts of the 2018 Act, claiming it was against the rules of the Constitution. They argued that the Act's requirements for hospitals to share detailed employee information and fee structures were not practical and violated their rights.
Key Issues Raised
- Employee Details: Hospitals must provide detailed information about all staff, which the Kerala Private Hospitals Association claimed was too much work and risky.
- Fee Transparency: The Act requires hospitals to publish fee rates and package costs, which was argued to be unclear and hard to do.
- Emergency Care: The obligation for hospitals to provide emergency care and safe transport was deemed unrealistic for smaller hospitals.
Court's Ruling
- Constitutional Validity: The court found the Act to be in line with the Constitution, emphasizing its role in protecting public health and ensuring patient safety.
- Transparency and Accountability: The court upheld the requirement for hospitals to display fee rates, arguing it promotes openness and helps patients make informed decisions.
- Emergency Services: The court maintained that hospitals must provide emergency care, aligning with international standards and patient rights.
Government's Stand
The State Attorney argued that the Act is essential for regulating healthcare facilities, ensuring quality care, and protecting patient rights. The Act aligns with the State's duty to improve public health under the Constitution.
Implementation and Guidelines
The court provided guidelines to ensure effective implementation of the Act:
- Emergency Care: Hospitals must stabilize patients and ensure safe transfers without demanding advance payments.
- Transparency: Fee rates and patient rights must be clearly displayed in hospitals.
- Grievance Redressal: Hospitals should have a system for quickly addressing patient complaints.
Verdict Summary
The court's decision supports the need for openness and responsibility in healthcare. It ensures that patients in Kerala have access to clear information about their care and rights, aligning with global standards. This ruling highlights the balance between following rules and ensuring patient well-being, setting a standard for healthcare practices in Kerala.
