Daijiworld Media Network - Kolkata
Kolkata, Oct 5: Arka Kumar Nag, counsel for former West Bengal Chief Minister Mamata Banerjee, on Monday served a legal notice on three senior doctors attached to state-run S.S.K.M. Medical College & Hospital and Bangur Institute of Neurosciences in South Kolkata over the alleged disclosure of her medical report in violation of patient-doctor confidentiality.
The notice was sent to S.S.K.M. Director Dr Manimoy Bandyopadhyay, Bangur Institute Medical Superintendent and Vice-Principal (MSVP) Dr Pijush Kumar Roy, and the institute's Head of Neurology, Dr Atanu Biswas.
In the two-page notice, a copy of which is available, Nag alleged that incomplete and biased details about Banerjee's medical condition had been made public based on medical reports that were disclosed.
He also questioned whether Banerjee's consent had been obtained before the medical report was made public, alleging that doing so without her permission amounted to a violation of patient-doctor confidentiality.
The notice further sought to know whether any medical documents relating to Banerjee were handed over to the current Chief Minister, and, if so, whether the proper legal procedure was followed before sharing them.
Nag warned that if the information was leaked without his client's consent or without following due legal process, appropriate action should be initiated against the officials concerned.
He also asked the doctors to ensure that Banerjee's "medical confidentiality" was not violated and that "misleading information" was not circulated in future.
The notice comes amid an allegation by current West Bengal Chief Minister Suvendu Adhikari that Banerjee had made a false claim about suffering a leg fracture during the 2021 Assembly election campaign in Nandigram in East Midnapore district.
Speaking to the media on Saturday, Adhikari reportedly referred to a radiodiagnosis report from the Bangur Institute of Neurosciences dated March 11, 2021, which allegedly stated that there was no sign of a fracture in Banerjee's limb at the time.
Adhikari also said that a separate investigation into the matter would be initiated after the results of the Nandigram and Rejinagar Assembly bypolls, scheduled to be declared on October 9.
Trinamool Congress legislator from Beleghata Assembly constituency Kunal Ghosh, a prominent leader of the Mamata Banerjee-led faction of the party, questioned the authenticity of the medical report and indirectly suggested that it could have been doctored.
Ghosh, a former journalist, said that since West Bengal was currently governed by the Bharatiya Janata Party, questions were bound to arise over the authenticity of the report.
He also posted on social media that doctors and medical institutions did not normally disclose the personal medical information of individuals.
Two days after Ghosh's post, Banerjee's counsel served the legal notice on the three doctors on Monday over the alleged disclosure of her medical records.
The notice specifically sought clarification on whether Banerjee's medical documents had been provided to the current Chief Minister and whether all legal procedures were followed before doing so.
Nag reiterated that action should be taken against the officials concerned if the medical records were disclosed without following the prescribed legal process.
In the 2021 Assembly elections, Banerjee contested from Nandigram as the Trinamool Congress candidate and lost to Adhikari by a margin of less than 2,000 votes.
She later won a bypoll from the Bhabanipur Assembly constituency in south Kolkata and retained the post of Chief Minister for a third consecutive term.
Banerjee was reportedly injured while campaigning in Nandigram during the 2021 elections. She subsequently campaigned with her leg in a plaster and used a wheelchair during the campaign.