New Delhi (ILNS): The Bombay High Court has said that if a COVID-19 patient dies due to negligence on the part of medical facilities in a state or civic-run hospital, then his/her family members would be entitled for compensation.
A division bench of Chief Justice Dipankar Datta and Justice N J Jamadar said that it is the responsibility of the state government to protect the patients, and on the failure of this duty the government must compensate.
This order was issued by the bench while hearing a Public Interest Litigation filed by BJP leader Ashish Shelar, raising concerns over the manner in which hospitals run by the government and civic bodies across Maharashtra were managing and disposing bodies of COVID-19 patients.
The bench has directed the Maharashtra government to get details on 11 specific cases from the hospitals concerned and file its affidavit.
The Court has put this matter for further hearing on November 23.
The Court has said:
“The instances, if true, would suggest culpable negligence on the part of those responsible for running the hospitals. The unfortunate victim’s family members would be entitled to compensation.”
The bench also said that even if the hospital concerned is run by a civic body, nothing prevents the state government from seeking details. Chief Justice Datta has very specifically said: “Similarly, in these cases (deaths of COVID-19 patients due to negligence) too, the government should give compensation.”
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The high court said that in addition to guidelines prescribed by the Union Government on March 15 on disposal and management of bodies of COVID-19 patients, the Maharashtra government shall also follow nine guidelines laid down by the Calcutta High Court last month.
Read the order here;
Ashish-Babji-2-ILNS
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