Right to Emergency Care – An email hoax that should have been true

Most of us have received an email that stipulates that there is Supreme court ruling that in case of any accident, you should go ahead and help the victim, without being bothered about the legal hassles, police paperwork, etc. While this should be the best thing to have happenend to the public, it is not confirmed if this is legal or just an email hoax.

Here is the content of the email that comes with an attachment of the legal looking document.

In case you are a bystander and wish to help someone in an accident, please go ahead and do so. Your responsibility ends as soon as you leave the person at the hospital.

Right to Emergency Care:Date Of Judgment: 23/02/2007.
Case No.: Appeal (civil) 919 of 2007.

The Supreme Court has ruled that all injured persons especially in the case of road traffic accidents, assaults, etc., when brought to a hospital / medical centre, have to be offered first aid, stabilized and shifted to a higher centre / government centre if required.

It is only after this that the hospital can demand payment or complete police formalities.

The hospital bears the responsibility of informing the police, first aid, etc.

And for all those people who are forwarding these emails to their loved ones and friends, in good spirit, please verify the facts or better check with your lawyer.

Here is the image of the documents that is found attached in the email, though it does not strengthen the case in anyway:

Right to Emergency Care - A Legal Hoax?

Here is an interesting assessment of the most-forwarded email email in India where a legal person confirms the hoax but also concludes that certain parts of the document are true and that you have a right for emergency care in government hospitals by virtue of your fundamental right to life.  Additionally, if the accident has been caused by a motor accident:

Section 134 of the Motor Vehicles (MV) Act, 1988 states that the driver and / or the owner of the motor vehicle responsible for a road accident is required to take all reasonable steps to secure medical attention for the injured person by conveying him to the nearest medical practitioner or hospital, unless it is not practicable to do so on account of mob fury or any other reason beyond his control.

And here is another legal document to mull over.

One benefit of this rumour is that the literate bystanders may come forward to help without any fear of legal and police hassles, and may also get into alteracation with police and hospital authorities, for the benefit of the patient.

But, do we really need an email to reassure us that we are doing the right thing?
Do we need law to follow our conscience?

18 comments… add one

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