The Colombo Additional Magistrate Nishantha Peiris today ordered the Lanka Hospitals (Pvt.) Ltd. to release the body of a deceased individual which it had refused to do so for almost a week, citing non-payment of hospital bills.

Handing out his decision, the Additional Magistrate made it clear that there is no legal provision to refuse the release of a body to the next of kin following a person’s death on grounds of non-payment of bills. Hospital authorities should handover the body to the next of kin even in such cases, the Additional Magistrate directed.

The case involves the death of Tilak Daluwatta, a 62 year-old person from Bandarawatta, Ragama. He was admitted to the Lanka Hospital on August 25 for a bypass surgery, which was carried out on the following day. The hospital authorities had informed that the initial payment of Rs 200,000 would suffice, the court was told. The family had paid Rs 300,000 at this point.

Following the surgery, the patient developed lung and kidney problems and was kept in the ICU. The family had asked for his transfer to the Colombo National Hospital since it could not afford the cost of keeping the patient in the ICU of a private hospital. However, the hospital refused repeatedly.

The patient had died on September 11 but the hospital refused the release of the body. The bill was then Rs. 1,974,500 and the hospital demanded payment. The family complained to the Narahenpita Police, which tried to negotiate the matter. Once an agreement could not be reached, the matter was referred to the courts.

Meanwhile, a family member told Asian Mirror that the hospital authorities had been indifferent to the request even after they went to the police. They had complained to the Narahenpita Police on Monday, following which the Police had contacted the hospital authorities. The family members were asked to meet an authorized person, who in turn sent them to another. This person was particularly insensitive to the matter, the family member said. The matter was referred to the Board of Directors which also imposed strong conditions to release the body, the family member said.

Following this, the family had once again complained to the Narahenpita Police, which once again attempted to mediate. Failing this, the matter was referred to the Magistrate.

The family member also told Asian Mirror that the body was handed over to the family this afternoon.