Detention Of Patients In Hospital For Non-payment Of Medical Fees: The Legal Position -By Eleja Hussein Kehinde

INTRODUCTION

In some parts of the world, particularly Nigeria, it is a common practice for patient to be detained in hospital for non-payment of healthcare bill. Such detentions do occur both in public and private hospitals, and it is deemed to be wide societal acceptance in certain countries like Nigeria of the assumption that it is the right of healthcare management to detain their patients for non-payment of medical fee. Victims of medical detention tend to be the poorest members of society who have been admitted to hospital for emergency treatment. The practice of detaining people in hospital for non-payment of medical fee deters people from healthcare use, increases medical impoverishment, and is an infringement of human rights. In line with the foregoing, this writing looks at the legality of detention of patients in hospital for non-payment of medical fee and the remedies available to both the patients and the healthcare management.

LEGAL POSITION

Detention of patients in hospital for non-payment of healthcare bill is an infringement upon the right to personal liberty. Section 35 of the 1999 Constitution of Federal Republic of Nigeria (as amended) provides for everyone with the right to personal liberty. Personal liberty guarantees the right not to be subjected to imprisonment, arrest and any other physical coercion in any manner that does not admit to legal justification.

The constitution by the above provision vests in an individual the right to his personal liberty, and he must not be deprived of this right whether within or outside of the confine of a hospital except where a deprivation of liberty is justified. Therefore, a patient must not be detained in hospital for non-payment of medical fee. This right imposes an obligation on the hospital management to discharge a patient once he/she is medically fit to leave. Refusal to let go a patient having been medically well owing to non-payment of medical fee amount to false imprisonment, since deprivation of personal liberty for the enforcement of payment of medical fee is not a recognized exception to the right to personal liberty in the eyes of the Nigerian constitution. False imprisonment simply means denying a person freedom of movement or personal liberty without lawful justification.

REMEDY FOR A PATIENT WHO WAS DETAINED FOR NON-PAYMENT OF MEDICAL FEE

Detention for non-payment of medical fee is a breach of fundamental human right provided by our constitution. Judiciary is the watch-dog of the constitution, especially the fundamental human rights of individuals. The sole public venue that one can go to seek redress upon infringement of his fundamental human rights is court of law, through lawyers. It is trite that where there is right, there is remedy. Your right is your might and it can only be jealously protected in the court of law. It is worthy of note that this kind of infringement of right, false imprisonment, is not within the powers of police to welcome or entertain because it is not criminal in nature. Thus, if the court judicially agrees that your right to personal liberty has been breached, you are entitled to huge compensation.

REMEDY FOR HEALTHCARE MANAGEMENT FOR NON-PAYMENT OF HEALTHCARE BILL BY ITS PATIENTS

A patient’s default in the payment of his medical fee amounts to debt and he is bound to pay his debt as soon as possible. Healthcare management will be acting against the principle of law if it decides to retain or deprive the patient’s right to personal liberty for enforcement of payment of healthcare bill. It is settled in law that the option left for healthcare management where a patient default the payment of his medical fee is to bring or institute action in court for the recovery of payment of such debt.

CONCLUSION
Consequently, these detentions result in patients being forcibly separated from their families and becoming unable to maintain their livelihoods. The practice of detaining people in hospital for non-payment of medical fees deters the use of healthcare, increases medical impoverishment, and is an infringement of fundamental human right. For remedies, the court of law is the sole venue for both the healthcare management for recovery of medical fee and the patient for redress for infringement of the right to personal liberty.

ELEJA HUSSEIN KEHINDE
A 300Level law student of University of Ilorin. He can be reached through elejahusseink@gmail.com