Law4u - Made in India

Can a patient directly approach the High Court or Supreme Court?

09-Jul-2025
Medical Negligence

Answer By law4u team

Yes, a patient can directly approach the High Court or the Supreme Court in India, especially when their fundamental rights are violated. This is provided under the Constitution of India. Here is a detailed explanation: 1. High Court – Article 226 of the Constitution A patient can file a writ petition in the High Court under Article 226 for enforcement of: Fundamental rights, such as the Right to Life (Article 21) which includes the Right to Health, and Other legal rights, such as denial of medical treatment or negligence in a government or private hospital. When can a patient go to the High Court? If emergency medical care is denied If there is gross medical negligence If there is discrimination or inhuman treatment If a patient is in custody and not receiving proper care If the patient’s condition is urgent and other remedies (consumer court, MCI) are too slow The High Court has wide discretionary powers to issue orders, including writs of mandamus, certiorari, habeas corpus, etc. 2. Supreme Court – Article 32 of the Constitution A patient can directly approach the Supreme Court under Article 32 for enforcement of fundamental rights, especially: Article 21 – Right to Life (which includes Right to Health and Medical Care) Article 14 – Right to Equality, if discriminatory treatment is alleged However, the Supreme Court usually expects that the petitioner will first approach the High Court, unless: The case involves a serious constitutional question There is urgent and direct violation of fundamental rights It is a matter of national or public importance 3. Remedies and Reliefs Available The court can: Order immediate medical treatment Direct the hospital to provide care Grant compensation in extreme cases Order inquiry into medical negligence Issue directions for systemic reforms 4. Legal Support – There is no court fee for filing writ petitions for violation of fundamental rights. – The patient can also get free legal aid through the Legal Services Authority if they are financially weak. In summary: Yes, a patient can directly approach the High Court under Article 226 or the Supreme Court under Article 32 when their Right to Life and Health is violated. The courts can intervene immediately in urgent or serious cases to ensure justice and proper medical care.

Answer By Ayantika Mondal

Dear Client, Indeed if a fundamental right—such as the right to life under Article 21—is being violated a patient may file a writ petition under Article 226 (High Court) or Article 32 (Supreme Court) of the Constitution to directly petition the High Court or Supreme Court. However unless there is egregious negligence, an urgent medical need or a greater public interest the courts typically expect petitioners to exhaust all other remedies first such as consumer forums or civil courts. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Medical Negligence Verified Advocates

Get expert legal advice instantly.

Advocate T Sunil Kumar

Advocate T Sunil Kumar

Consumer Court, Cheque Bounce, Civil, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Succession Certificate, Supreme Court, Recovery, Property, Criminal, Breach of Contract, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Documentation, Child Custody, Landlord & Tenant, Insurance

Get Advice
Advocate Puran Maurya

Advocate Puran Maurya

Civil, Criminal, Domestic Violence, Family, Motor Accident, Cheque Bounce, Court Marriage, Consumer Court, Divorce, High Court, Landlord & Tenant, R.T.I, Property, Succession Certificate, Wills Trusts, Medical Negligence, Insurance, Cyber Crime, Arbitration, Anticipatory Bail, Banking & Finance

Get Advice
Advocate Pratibha Shukla

Advocate Pratibha Shukla

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Arbitration, Landlord & Tenant, Recovery, Wills Trusts, Medical Negligence

Get Advice
Advocate Narsimha Ale

Advocate Narsimha Ale

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Succession Certificate, High Court, Landlord & Tenant, Medical Negligence, Property, Revenue, R.T.I, Recovery, RERA, Startup, Child Custody, Cyber Crime, Documentation, Labour & Service

Get Advice
Advocate Venkatesham Vakiti

Advocate Venkatesham Vakiti

Anticipatory Bail,Armed Forces Tribunal,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Insurance,Labour & Service,Media and Entertainment,Medical Negligence,Motor Accident,Patent,Property,Recovery,Startup,Supreme Court,Wills Trusts,Revenue

Get Advice
Advocate Pramod Kumar

Advocate Pramod Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Child Custody, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Immigration, International Law, Cheque Bounce, Customs & Central Excise, Civil, Banking & Finance, Medical Negligence, Recovery, RERA, Supreme Court

Get Advice
Advocate Sabir Khan

Advocate Sabir Khan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, Startup, Succession Certificate, Wills Trusts, Revenue, RERA

Get Advice
Advocate Sushil Kumar Pandey

Advocate Sushil Kumar Pandey

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,GST,Domestic Violence,Family,High Court,Immigration,International Law,Labour & Service,Landlord & Tenant,Medical Negligence,NCLT,Patent,Property,Supreme Court,Tax,Trademark & Copyright,Revenue

Get Advice
Advocate Prakshay Shrivastava

Advocate Prakshay Shrivastava

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Medical Negligence,Motor Accident,Succession Certificate,

Get Advice
Advocate Jai Prakash

Advocate Jai Prakash

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Medical Negligence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.