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Brief Statement, Press Statement, Statements

Statement of CHR spokesperson, Atty Jacqueline Ann de Guia, on the alleged refusal of hospitals to administer immediate medical treatment to non-Covid-19 patients

While we recognise the current overstretched capacity of hospitals to provide critical care as we are in the middle of a national health emergency, the deaths of patients due to alleged outright refusal of hospitals cannot be justified.

The Commission on Human Rights (CHR) calls out incidences where medical facilities in different parts of the Philippines were said to blatantly reject patients who needed immediate treatment, which led to the deaths of many, including pregnant women.

The cases of Mary Jane Alpide who died while in labour after being turned down earlier by four medical facilities; Catherine Bulatao, who successfully gave birth at their home in Caloocan but required a medical procedure due to a complication, then eventually dying due to blood loss after being refused by six hospitals; and Josefina Barros, who was refused treatment by nine hospitals after suffering from sudden stomach ache, are just some of the victims of alleged unjust treatment of hospitals.

Reports say that some facilities allegedly demanded advance payment before admitting them. This a clear violation of Republic Act No. 10932 or the Anti-Hospital Deposit Law.

The said law also lays down guidances when a hospital or medical clinic has inadequate capacities to fully attend to the patient’s condition, including the need to administer the necessary emergency treatment and support to stabilise the patient before transferring to another health facility.

The Commission demands justice for the victims and calls for stricter implementation of the Anti-Hospital Deposit Law. Furthermore, we echo the reminder of the government to hospitals that those who will violate the law will face steep penalties and might be imprisoned up to six years.

CHR reiterates that in a health crisis, the ultimate goal of the government is to save as many lives of our fellow Filipinos as possible. Denying immediate medical attention to those who may not be infected by the virus, but are equally in danger, defeats the purpose of the emergency health measures being implemented in the country.

Every person has an equal right to health and has the right to receive appropriate medical care devoid of any discrimination. Patients in emergency shall be extended immediate medical attention without any deposit, or any form of advance payment for treatment, and should be treated to the best of one’s ability—a principle embodied in physician’s sworn Hippocratic Oath.

In an emergency situation or not, the Commission will continue to remain vigilant in monitoring violations of human rights, while also lobbying for the passage of relevant legislations that would improve the overall healthcare situation in the country. ###

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