Mumbai: The Brihanmumbai Municipal Corporation (BMC) has denied there was any medical negligence on its part while treating one Deepak Shah, 54, at its Jumbo Covid centre at Bandra Kurla Complex (BKC) in 2021.
The affidavit, filed by Dr Rajesh Dere of BMC and the then dean of the BKC covid Center, instead alleged that Shah failed to get tested for Covid on time despite having all the symptoms and also hid the fact of having contracted the virus.
The HC was hearing a petition filed by an Andheri resident seeking ₹36 lakh compensation for alleged medical negligence and incompetent and improper treatment at the BKC Center.
Petitioner alleged that he contracted infection at the BMC centre
Shah’s plea contends that he underwent a hernia operation a few days before testing positive for coronavirus in March-April 2021 and was admitted to the BMC centre, where he developed an infection and consequently had to undergo two more surgeries.
“Earlier doctor (Shah’s doctor), said that ‘Thus because of low immunity, patient developed mesh infection. The exact cause of infection could be attributed to low immunity’,” read Dere’s affidavit. Therefore the petitioner has made false statements in the petition to mislead the court.
BMC refutes the allegation
Giving specification of the case, the affidavit states that Shah did not get himself tested for Covid-19 on time despite having all the symptoms. “However, despite the said diagnosis, the petitioner did not take the RT PCR test and was thus hiding the infection to his own detriment as well as risking lives of others in his proximity,” adds the affidavit.
Anil Sakhare, counsel for BMC, said that giving any relief to Shah would open a Pandora’s box.
Giving details of the jumbo Covid centre, the affidavit states that it was inaugurated on May 18, 2020 in view of Covid pandemic and consequent medical emergencies to control the outbreak.
The hospital is India's largest and the only world’s second dedicated Covid temporary hospital established for treating Covid patients. Till now, around 27,000 Covid patients have been treated at the BKC facility free of cost.
Besides, it is the largest vaccination centre and administered vaccines to around 5 lakh people.
The HC has asked Shah to file his additional affidavit in four weeks.
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