A Critical analysis of the right to emergency medical treatment in private facilities in Kenya

Abstract

A human being is prone to fall sick and require access to emergency medical treatment from any hospital regardless of whether or not they can pay the said access. Private hospitals, which are at first instance business ventures, need their patients to pay for services in order for the said hospitals to meet their day-to-day expenditures, and make profits. However, does the right to receive payment for services offered supersede the right to emergency medical treatment? Accordingly, the study seeks to determine the nature and scope of emergency medical treatment, to determine the relationship between the right to receive payment for services offered by private medical practitioners and the obligation to protect the right to emergency medical treatment by private hospitals and the legal issues that emerge from the right to emergency medical treatment. The study’s contention is that the right to emergency medical treatment prevails over the right to receive payment for services offered in medical emergency situations and that the private sector is covered under this scope. The state has an obligation to ensure that the right is implemented effectively in the country. The private medical practitioners have a legal duty to provide medical services during emergency situations. This study is based on a desktop research and a survey to gain insight from the private practitioners on how the actual practice is done. The survey was carried out to ascertain whether the private hospitals in Kenya violate the right to emergency medical treatment. Based on the results, the study concluded by recommending a need to develop an organized national emergency care system, to facilitate special training on emergency medical treatment and promote public-private partnerships.