Posted By :  Admin1

The Kerala High Court has introduced a draft set of twelve guidelines aimed at ensuring doctors accused of medical negligence receive a fair hearing. Justice V. G. Arun framed these norms and asked the state’s Additional Director General of Prosecution to submit them to the government promptly for consideration.

Under the proposed guidelines, investigations into alleged medical negligence must begin quickly. Investigating officers are required to collect key documents, such as doctors’ notes, nursing records, consent forms, diagnostic reports, and discharge summaries as soon as a complaint is registered. An expert panel must be formed without delay and include a doctor from the relevant medical specialty. The panel’s review should be completed within 30 days of its formation. Both the accused medical professional and the complainant must be notified and allowed to submit written statements.

If the panel finds prima facie evidence of serious or reckless negligence, the doctor must appear in person to explain the treatment provided. Each panel member’s individual opinion must be recorded, and the final conclusions should be reached by consensus.The guidelines call for application of the Bolam test, a benchmark for assessing medical negligence, clearly spelling out the panel’s reasoning. A standard report template may also be developed to ensure consistency.

Importantly, copies of the panel’s findings should be shared with both the doctor and the complainant. In cases where no negligence is found, the complainant must still be informed. An appellate process is outlined as well: either party may appeal the panel’s decision to a State-level Apex Expert Committee. If an appeal is lodged in time, the investigating officer must wait for the appellate decision before filing any final report.This structured approach strengthens the fairness of the process while allowing for timely resolution.

These proposed guidelines underscore the Kerala High Court’s intent to balance accountability with fairness in medical negligence cases. By mandating prompt documentation, expert review, transparent reasoning, and a clear appeal mechanism, the court aims to protect patients while ensuring doctors are not unjustly prosecuted on the basis of hindsight or isolated errors.