The West Bengal State Health Commission has issued a landmark directive ensuring that hospitals — whether government or private — can no longer withhold the body of a deceased patient over unpaid dues. The body must be handed over to the family within a maximum of five hours after death, failing which the hospital may face stringent penalties, including cancellation of its license.
"The order comes in the wake of repeated allegations of hospitals detaining bodies to extract pending payments, leading to public outrage, vandalism and frequent clashes between hospital staff and grieving families. The latest flashpoint occurred in Ekbalpur two weeks ago, where a private hospital released a patient’s body 15 hours after death, despite the family claiming the deceased was covered under health insurance. The delay, allegedly caused by billing disputes and mediclaim clearance, prompted the Commission to intervene,” said a health department official.
Retired Justice Asim Kumar Banerjee, Chairman of the State Health Commission, announced the new guidelines after investigating the Ekbalpur case. “The body must be released within five hours. Any delay must be communicated to the patient’s family and hospitals must ensure the body does not decompose. No pretext of pending bills or insurance clearance will be entertained,” he stated.
The Commission clarified that only if the family of the deceased requests in writing can a hospital retain the body in its morgue for a longer period. Otherwise, hospitals will be held accountable for unnecessary delays.
For years, complaints have poured in from across Bengal against several private hospitals accused of exploiting families during their most vulnerable moments. Bodies were often withheld on grounds of pending payments or awaiting mediclaim approvals, subjecting families to both financial and emotional trauma.
Health department officials and citizen groups have widely welcomed the new directive. Many believe it will put an end to the inhumane practice of leveraging a patient’s death to pressurise families into immediate payments. “This step will not only ease the suffering of bereaved families but also discipline hospitals that have been flouting ethics,” an official pointed out.
The Commission has made it clear that strict action, including suspension or cancellation of hospital licenses, will follow in cases of violation. With this directive, the State Health Commission hopes to restore dignity in handling deaths while curbing the harassment of patient families.
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