Kerala HC decides to frame guidelines for expert panel reviewing medical negligence allegations
The bench of Justice V G Arun appointed Advocate S Akash as amicus curiae to assist the court in formulating the guidelines.
The court was hearing two petitions filed by doctors challenging the criminal proceedings initiated against them in their respective trial courts.
The petitioners are facing prosecution under Section 304A of the IPC, alleging that patients under their care had died due to medical negligence. They contended that they were neither heard by the expert committee nor provided a copy of its report. In response, the additional director general of prosecution (ADGP) submitted that no procedural guidelines currently exist regarding the functioning of such expert committees.
HC observed that the absence of clear guidelines could adversely affect the right to a fair trial of the accused. It stressed that it is essential for the committee to consider the doctor's explanation before finalising its report and to furnish a copy of the report to the concerned doctor, thereby enabling them to challenge or appeal it, if necessary. The bench also requested the ADGP to submit suggestions regarding the structure and content of the proposed guidelines and adjourned the matter to July 17.
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