editor@juralmedia.
Kampala, 03rd September 2023 – In recent news, we have encountered a heartbreaking story about a hospital allegedly holding a newborn baby because the parents hadn’t paid their medical bills. While the hospital vehemently denies such an act, we can’t help but ponder about whether it’s right or wrong to do such a thing. Sadly, it’s not the first time we’ve had to think about the legal and ethical aspects of these situations. Just last year, we the media was awash with news about a father a one Robert Ssentongo, who faced a similar ordeal when his son was detained at a medical facility over unpaid accident treatment bills.
The fundamental question at hand is whether detaining patients over unpaid medical bills is in violation of the law. Detaining patients raises significant legal and ethical concerns.
Patients like any other citizens have rights that should not be disregarded. Our laws emphasize the protection of individual liberty and freedom, which should not be compromised. Denying a patient’s release based on unpaid medical bills can indeed infringe upon these constitutional rights. While there is a contractual aspect involved when a patient chooses a private hospital and agrees to abide by the hospital’s billing policy, it is still a violation of their rights to be held against their will.
Courts have consistently ruled that hospitals must explore lawful debt recovery methods instead of resorting to the detention of patients. Although these alternative methods may be costly and sometimes ineffective, illegal detention can never be justified as an acceptable avenue for debt recovery within a legal framework.
It is worth noting that there may be a difference in cases of emergencies and life-saving treatments. In such situations, the patient’s obligation to clear the hospital bill remains, but the urgency of the medical condition should take precedence. However, this does not absolve hospitals from their responsibility to seek legal means for bill recovery after the immediate crisis has passed.
Hospitals do face significant challenges, especially in countries like Uganda, where a large portion of the population lacks medical insurance. Some facilities argue that turning away patients who cannot guarantee payment is a necessary step to ensure their financial sustainability. While this perspective has its merits, it also raises ethical concerns about access to healthcare for all citizens.
The conduct of patients who seek treatment in private hospitals with the expectation of walking away without financial responsibility under the guise of constitutional protection is a matter that needs careful consideration. While patients’ rights must be respected, their responsibilities cannot be ignored.
In addressing this complex issue, it is crucial to strike a balance. On one hand, hospitals must ensure their financial viability to continue providing essential healthcare services. On the other hand, patients should not be subjected to inhumane treatment due to financial constraints.
Balancing the financial sustainability of healthcare institutions with patients’ rights is a delicate task. While patients should take responsibility for their medical bills when voluntarily seeking care, hospitals must adhere to the rule of law and explore legal avenues for debt recovery. Detaining patients as a means of debt collection is not in line with the principles of a just and equitable society. Instead, we should strive to find a more balanced and compassionate approach that upholds both patients’ rights and the viability of healthcare providers.
