Hospital Board India Forum

EditorialTeam (@EditorialTeam)

  • Social Media Misreads Supreme Court Observation on DAMA — IMA-HBI Leaders Forum Clarifies for Doctors

    “Social Media Misreads Court Order on DAMA — IMA HBI Leaders Forum Brings Clarity for Doctors”

    Clarification on DAMA / LAMA Misinterpretation

    Recent discussions on social media have created confusion regarding Discharge Against Medical Advice (DAMA/LAMA) after observations made by the Supreme Court of India.

    The Court has not banned DAMA, nor has it stated that hospitals or doctors will be criminally liable for every DAMA discharge. Patients and families still have the legal right to leave a hospital against medical advice due to personal choice, financial reasons, or transfer to another facility.

    What the Court emphasized is that DAMA should not be misused as a routine shortcut, especially in terminal or end-of-life situations. In such cases, hospitals should follow proper medical and legal procedures under the framework laid down in Common Cause v. Union of India and reaffirmed in the recent judgment Harish Rana v. Union of India, which discusses withdrawal or withholding of life-sustaining treatment through a structured medical decision-making process.

    In simple terms:
    DAMA remains legally valid, but hospitals must ensure ethical practice, transparent communication with families, and proper end-of-life care protocols instead of using DAMA as a substitute for medical decision-making.

    Here is a copy of court verdict
    SC judgment on Passive Euthanasia Harish Rana vs Union of India Misc application 2238 of 2025 judgment dated 11 March 2026.pdf

     IMA HBI Leaders Voices