Can't presume all Covid-19 deaths during second wave caused by medical negligence: SC

The Supreme Court on Wednesday said that presuming all deaths caused by Covid-19 during the second wave of the pandemic were due to negligence would be "too much".

A bench presided over by Justice D Y Chandrachud said that although the second wave had an impact across the country, it cannot be presumed that all deaths occurred due to negligence.

"Courts cannot have a presumption that all Covid deaths happened due to medical negligence," the bench, also comprising Justices Vikram Nath and Hima Kohli said.

The top court refused to entertain a plea for compensation to the kin of the victims by treating the case as medical negligence.

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The court asked advocate Sriram Parakat, representing the petitioner, Deepak Raj Singh, to approach the competent authorities with his suggestions. It also referred to the top court's June 30 judgment, directing the National Disaster Management Authority to frame appropriate guidelines within six weeks for ex-gratia assistance for family members of persons who succumbed to Covid-19.

The top court said the decision for compensation was taken in regard to humanity and not due to negligence.

"The government is yet to come out with the policy. If you have any suggestion with regard to implementation of that policy, you can approach the competent authority," the bench told the counsel.

The bench noted that the top court has already taken suo motu cognisance on Covid preparedness and a national task force has been constituted by it to examine several aspects.

The bench emphasised that it is not possible to make a general presumption of medical negligence as the reason behind deaths due to Covid-19.