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THE BRIHANMUMBAI Municipal Corporation (BMC) on Thursday told the Bombay High Court that a 54-year-old man who has sought Rs 36 lakh compensation for the ordeal he allegedly underwent due to “medical negligence” at the civic-run Covid-19 jumbo centre, failed to make out a case for compensation and that his plea be dismissed as non-maintainable and devoid of merit.
The BMC, through Dr Rajesh Dere, Dean at BKC jumbo Covid-centre, filed an affidavit before a division bench of Justices A S Chandurkar and M W Chandwani, in reply to plea by Deepak Shah and said the petitioner suppressed material facts and made misleading statements, and the plea be dismissed.
The Andheri resident filed a writ petition through his son, who is his authorised representative, seeking compensation for ‘incompetent and improper medical treatment’ by doctors at civic-run jumbo Covid hospital in Bandra Kurla Complex (BKC).
The petitioner, through advocates Kainaz Irani and Abhishek Bhaduri, submitted that he had undergone a hernia operation a few days before testing positive for Covid-19 in April 2021, and was quarantined and admitted to the jumbo Covid centre at BKC. Shah claimed that doctors at the centre did not treat him properly, due to which he developed an infection and had to undergo two more surgeries, and is now bedridden.
The civic body said the petitioner had made a false statement as the previous doctor had observed that the patient had developed mesh infection due to low immunity, and therefore the exact cause of infection could be attributed to the same.
It also added that petitioner has not produced medical reports indicating that he had suffered any kind of infection as alleged, due to his treatment at the Covid centre, therefore the petition is not maintainable.
The BMC, through senior advocate Anil Sakhare and advocate Rohan Mirpury, submitted that best treatment was made available at the Jumbo Covid centre, wherein around 27,000 Covid patients had been treated free of cost till now, and the petitioner had been given best possible treatment there.
BMC said it had treated lakhs of people in Mumbai and the aforesaid Covid centre was among the best, and that Shah had self medicated at his home for ten days, and was then admitted and later discharged after testing negative for Covid.
He should not be granted relief, said the civic body, and it should not open a Pandora’s box wherein all patients will start coming forward and seeking relief.
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