Friday, September 11


Ahmedabad: A consumer disputes redressal commission has held that an insurance company cannot decide whether a patient requires hospitalisation, observing that such a decision rests solely with the treating doctor. The commission made the observation while directing an insurer to settle mediclaim claims rejected on the ground that hospitalisation was unnecessary.In one case, Navrangpura resident Rajanikant Mehta was admitted to a hospital for a day in March 2023 after experiencing excessive perspiration and a blackout. He was diagnosed with hypothyroidism and discharged the following day after incurring medical expenses of about Rs 70,000.Mehta, who was covered under a health insurance policy issued by Oriental Insurance Co Ltd, approached the District Consumer Disputes Redressal Commission, Ahmedabad (Main), after his claim was rejected.The insurer argued that the hospitalisation was only for diagnosis and evaluation, that there was no active line of treatment, and that the patient stayed in hospital for a day merely to claim medical expenses.Rejecting the contention, the commission observed, “Whether the stay in the hospital was necessary or not is to be decided by the treating doctor as per the requirement of the patient. The opponent insurance company cannot decide whether the patient should be hospitalized or not and so the opponent has failed to justify the repudiation of the claim of the complainant.”The commission directed the insurer to reimburse the claim with 8% interest and also pay Rs 70,000 towards compensation for mental harassment and litigation costs.In another case, Isanpur resident Jaiprakash Singh sought reimbursement of Rs 58,000 spent on eye treatment after suffering severe headaches. The insurer rejected the claim, citing an exclusion clause and contending that neither the hospitalisation nor the procedure was covered under the policy’s day-care treatment list.However, the commission noted that the discharge summary showed Singh had undergone YAG Laser Peripheral Iridotomy, a procedure aimed at improving fluid flow and preventing a sudden rise in eye pressure that could lead to angle-closure glaucoma.“The treating doctor has adopted the ‘Yag Laser PI’ procedure for the treatment of the complainant as the doctor found it fit for the complainant. It is absolutely the decision of the treating doctor to decide the hospitalization and not the insurance company,” the commission’s order reads.



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