Can't blame doctors for every death during treatment, rules Kerala high court
Kochi: High court, in a significant judgment, held that a doctor cannot be prosecuted for every mishap or death occurring during treatment.
The court further observed that only in cases involving a gross lack of competence, inaction, or wanton indifference to a patient's safety — arising from gross ignorance or gross negligence — could a doctor be compelled to face trial for
criminal negligence
. Justice G Gireesh made these observations while allowing a petition filed by a gastroenterologist at a private hospital in Ernakulam seeking to quash the final report and further proceedings in a case alleging
medical negligence
that allegedly resulted in a patient's death.
According to prosecution, a young man who had undergone renal transplantation later died at the hospital while under treatment for an intestinal ailment in the early hours of May 26, 2012. As his condition worsened during the night, the duty nurse contacted the petitioner, who then prescribed medicines over the phone. Later that night, the patient was shifted to the Nephrology Intensive Care Unit, where he succumbed to renal complications.
The allegation against the petitioner was that by administering treatment over the telephone instead of directing the nurse to have the patient examined by a nephrologist, he caused the patient's death due to renal failure.
Despite two expert committee reports stating that the patient appeared to have received reasonable medical and nursing care, the investigating officer sought a further opinion from the state-level apex medical body, which found fault with the petitioner and directed that he be investigated for criminal negligence.
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While considering the petition, HC observed that none of the expert panel members found fault with the medicines prescribed by the petitioner. It held that under no circumstances could the treatment provided be considered an act of criminal negligence attracting Section 304A of the IPC. The court reiterated that even where a patient's death results from an error of judgment or accident, no criminal liability arises.
Mere inadvertence or some degree of lack of care and caution may give rise to civil liability but is insufficient to impose criminal responsibility on a medical professional.
The court also cited a Supreme Court judgment, which warned that if courts were to impose criminal liability on hospitals and doctors for every untoward outcome, it would lead to doctors being more concerned about their safety than providing the best possible care to patients. This, the apex court had cautioned, could erode the mutual trust essential in the doctor-patient relationship.
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