Right to Emergency Care in Pakistan
Reviewed by the Commoner Law editorial team. Sources: pakistancode.gov.pk, Punjab/Sindh/KP/Balochistan provincial codes, Supreme Court of Pakistan, FBR, EOBI, SBP, NEPRA, OGRA, PMDC, FIA, and provincial Healthcare Commissions. Provincial variations cite Punjab/Sindh/KP/Balochistan Acts and ICT-specific ordinances. Written in plain English with everyday Urdu legal terms (FIR, qabza, khula, NTN, CNIC) for a general audience — this is educational content, not legal advice. Our editorial standards
What is this right?
No private hospital in Pakistan is allowed to send an emergency case away for non-payment of a deposit. Stabilise first, bill afterwards. That principle has been held by the Lahore High Court and the Sindh High Court more than once under Article 9 (right to life), with damages and contempt orders against responsible doctors and administrators.
The duty is strongest at government hospitals (DHQ, THQ, Mayo, Civil, Jinnah), which are entirely free, but it applies to private hospitals too. The Service Delivery Standards of provincial Healthcare Commissions require:
- 24/7 emergency department functional with trained doctors and nurses.
- No demand for payment as a precondition to admission.
- Stabilisation before any transfer; transfer only with the receiving hospital's confirmation.
- Documentation of all refusals (which are then auditable by inspectors).
For mass casualty events (accidents, terrorism, natural disasters), the National Disaster Management Authority and provincial DMAs activate emergency protocols requiring all hospitals, public and private, to receive injured persons.
When does it apply?
- You or a family member needs emergency medical attention.
- A hospital is refusing admission or demanding payment before treatment.
- An emergency transfer is being conducted unsafely.
What to do if denied emergency care
- Go to the nearest government hospital for guaranteed free emergency care. DHQ, THQ, and tertiary hospitals (Mayo, Civil, Jinnah) have legal duty.
- If at a private hospital and refused: demand stabilisation in writing. Call the provincial Healthcare Commission helpline (PHC 0800-94942) immediately. Many cases resolve within hours of HC intervention.
- For payment-related refusal: insist on stabilisation; settle payment after. Document the demand and refusal.
- If a death occurs after refused care: file complaint with HC + FIR under PPC § 304-A (death by negligent act) + civil suit for damages.
What should you NOT do?
- Don't pay extortionate "emergency deposits" to private hospitals. Stabilisation is a regulatory duty.
- Don't agree to risky transfer when stabilisation isn't complete. Insist that a transfer is medically safe and the receiving hospital has confirmed.
- Don't sign "against medical advice" (LAMA / DAMA) papers when a hospital is pressuring you to leave because you can't pay. The signature waives liability.
Frequently asked questions
Are private hospitals required to provide free emergency care?
Stabilisation must be provided without prior payment. Once stable, payment can be demanded. Refusing treatment for inability to pay deposit is a regulatory offence punishable by the Healthcare Commission.
Can a hospital transfer my emergency patient without consent?
Only if the receiving hospital has confirmed availability, the patient is stable for transfer, and either consent is given or the patient is incapable. Unsafe transfers are negligence under PMDC ethics.
How fast does the Healthcare Commission act?
Emergency complaints are usually addressed within hours. Hospitals are sensitive to HC inspector visits, and most refusal disputes are resolved in real time.
When does right to emergency care apply?
You or a family member needs emergency medical attention.A hospital is refusing admission or demanding payment before treatment.An emergency transfer is being conducted unsafely.
A hospital refused to admit my emergency case — what do I do in Pakistan?
Go to the nearest government hospital for guaranteed free emergency care. DHQ, THQ, and tertiary hospitals (Mayo, Civil, Jinnah) have legal duty.If at a private hospital and refused: demand stabilisation in writing. Call the provincial Healthcare Commission helpline (PHC 0800-94942) immediately. Many cases resolve within hours of HC intervention.For payment-related refusal: insist on stabilisation; settle payment after. Document the demand and refusal.If a death occurs after refused care: file complaint with HC + FIR under PPC § 304-A (death by negligent act) + civil suit for damages.
What mistakes should I avoid with right to emergency care?
Don't pay extortionate "emergency deposits" to private hospitals. Stabilisation is a regulatory duty.Don't agree to risky transfer when stabilisation isn't complete. Insist that a transfer is medically safe and the receiving hospital has confirmed.Don't sign "against medical advice" (LAMA / DAMA) papers when a hospital is pressuring you to leave because you can't pay. The signature waives liability.