Sister in law being held as prisoner in hospital - Is this legal in the Philippines?

[jg121783 3,915]

Here is what happened. My sister in law gave birth 2 month premature last Friday. The hospital refused treatment for my neice because my sister in law couldn't pay for the treatment upfront. A couple days later my niece passed away as a result. My sister in law is well enough to go home now but the hospital refuses to let her leave or turn over the body of her daughter for burial until all the bills are paid. Can they do this? I did some research and found REPUBLIC ACT NO. 9439 which seems to prohibit this with penalties of fines and/or imprisonment. Here is a link: http://www.lawphil.net/statutes/repacts/ra2007/ra_9439_2007.html Does anyone know anything about this or where we can find a competent lawyer to handle this? I have set up a go fund me page to try to raise money for the medical bills and now maybe legal expenses but I wont post it here because I am unsure if it violates the terms of service for this message board.

[MASH 172]

Omg that is awful of the hospital to do this that they actually let her child pass away do to bills and now are holding her hostage for it

To me this doesn't sound legal at all

[Boiler 45,517]

Certainly seems odd, GoFundMe etc not allowed on VJ.

[Hank_ 9,174]

Here is what happened. My sister in law gave birth 2 month premature last Friday. The hospital refused treatment for my neice because my sister in law couldn't pay for the treatment upfront. A couple days later my niece passed away as a result. My sister in law is well enough to go home now but the hospital refuses to let her leave or turn over the body of her daughter for burial until all the bills are paid. Can they do this? I did some research and found REPUBLIC ACT NO. 9439 which seems to prohibit this with penalties of fines and/or imprisonment. Here is a link: http://www.lawphil.net/statutes/repacts/ra2007/ra_9439_2007.html Does anyone know anything about this or where we can find a competent lawyer to handle this? I have set up a go fund me page to try to raise money for the medical bills and now maybe legal expenses but I wont post it here because I am unsure if it violates the terms of service for this message board.

No the hospital can not keep her "like a prisoner" , time to call the police

[SennaBrigante 92]

Some hospitals do have this policy, even if it's illegal. The "prestigious" Makati Med used to do this until it was exposed in the media and they stopped.

Where is this happening? Tell family to ask for help from local officials and if they still won't listen to just go up the chain. Social media can also help expose this horrible hospital, you might even find a lawyer who will be willing to work with her.

[jg121783 3,915]

No the hospital can not keep her "like a prisoner" , time to call the police

My brother in law (married to my wife's other sister) is a police officer and seems to think the police can do nothing about it. I am trying to find a lawyer to help us interpret what the law actually means. The problem is from what I have been reading lawyers in the Philippines tend to be afraid to go after anything connected to the Catholic chruch and this is a Catholic hospital.

[jg121783 3,915]

Some hospitals do have this policy, even if it's illegal. The "prestigious" Makati Med used to do this until it was exposed in the media and they stopped.

Where is this happening? Tell family to ask for help from local officials and if they still won't listen to just go up the chain. Social media can also help expose this horrible hospital, you might even find a lawyer who will be willing to work with her.

According to the law i found anyone guilty of doing this can be imprisoned and/or fined. I hope these people get whats coming to them because they essentially murdered my niece. They wouldn't give my sister in law blood transfusions she needed either without paying upfront so my wife's family had to donate blood for her. If we can find a lawyer I am going to do everything in my power to make sure these people face criminal charges.

[EM_Vandaveer 2,408]

Walking in there to "visit her" and walking out with her is not an option? Maybe in the company of a couple of muscular friends?

What kind of hospital is this? Is she locked up? Are there actual guards to stop her?

[soinlove20 1]

Back in 2008 this same thing happen to my sister in law, but luckily the hospital was able to give the necessary care for both mother and the baby. When it's time to check out we don't have enough money to pay for all the bills,they let the baby go home but held my sister in law inside the hospital. After weeks of negotiation they finally let her go in agreement of paying them in installment plus they will hold the baby's birth certificate.

[SennaBrigante 92]

According to the law i found anyone guilty of doing this can be imprisoned and/or fined. I hope these people get whats coming to them because they essentially murdered my niece. They wouldn't give my sister in law blood transfusions she needed either without paying upfront so my wife's family had to donate blood for her. If we can find a lawyer I am going to do everything in my power to make sure these people face criminal charges.

Where is this? You could try FB. Seriously, you know us Filipinos do social media a lot. Just exposing the hospital for their practices can go a long way.

[EM_Vandaveer 2,408]

Here is what happened. My sister in law gave birth 2 month premature last Friday. The hospital refused treatment for my neice because my sister in law couldn't pay for the treatment upfront. A couple days later my niece passed away as a result. My sister in law is well enough to go home now but the hospital refuses to let her leave or turn over the body of her daughter for burial until all the bills are paid. Can they do this? I did some research and found REPUBLIC ACT NO. 9439 which seems to prohibit this with penalties of fines and/or imprisonment. Here is a link: http://www.lawphil.net/statutes/repacts/ra2007/ra_9439_2007.html Does anyone know anything about this or where we can find a competent lawyer to handle this? I have set up a go fund me page to try to raise money for the medical bills and now maybe legal expenses but I wont post it here because I am unsure if it violates the terms of service for this message board.

From your link:

"shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation. "

Sounds like somebody has to take responsibility for the debt in writing in order for the patient to be allowed to leave? It's legalese but that's how it sounds to me.

[jg121783 3,915]

Walking in there to "visit her" and walking out with her is not an option? Maybe in the company of a couple of muscular friends?

What kind of hospital is this? Is she locked up? Are there actual guards to stop her?

It is my understanding they have armed guards at the hospital.

Back in 2008 this same thing happen to my sister in law, but luckily the hospital was able to give the necessary care for both mother and the baby. When it's time to check out we don't have enough money to pay for all the bills,they let the baby go home but held my sister in law inside the hospital. After weeks of negotiation they finally let her go in agreement of paying them in installment plus they will hold the baby's birth certificate.

My wife tried to work out some sort of agreement with them and even had some of the money to pay but they wont budge. Her family even had money lined up to pay for the baby's medicine but it was the weekend and no banks were open. The hospital didn't care. They wanted the money right away. My wife had this same thing happen to her when my step son was born and they held her for over a month before they realized she couldn't pay. All I can say is I will make sre these people get what's coming to them legally. I don't even know how they can call themselves doctors if they will let a paitent die that they can save.

[EM_Vandaveer 2,408]

Which is what seemed to have happened in soinlove20's relative's case. (E.g. They had to negotiate and promise to pay before the patient was released.) The law you linked seems to allow this. As in the hospital has to let the patient go, but only after arrangements are made for the payment of the debt.

As far as letting a patient die, it's horrible. Truly.

Edited July 14, 2016 by EM_Vandaveer

[jg121783 3,915]

From your link:

"shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. The promissory note shall be secured by either a mortgage or by a guarantee of a co-maker, who will be jointly and severally liable with the patient for the unpaid obligation. "

Sounds like somebody has to take responsibility for the debt in writing in order for the patient to be allowed to leave? It's legalese but that's how it sounds to me.

My wife went in there and told them she was willing to sign something taking responsibility for the debt but they weren't having it. This is why we need to find a lawyer so they can interpret the law for us.

[Princess Ann 0]

nope the hospital can't detained your sister in law that illegal detention... But it's really happening here in the Philippine if the patient can't pay someone should stay at the hospital as a collateral or asking that is valuable... But your sister in law can ask help in pcso Dswd mayor or any political for the bills.. Just need to comply the requirements...