Posted By :  Admin1

The Kerala High Court has highlighted a major gap in the system that threatens fairness in medical negligence trials. In two separate petitions, doctors under investigation for alleged negligence (chargeable under Section 304A of IPC) complained that they were never given the chance to present their defense before expert committees. The judges stressed that without clear rules, doctors are left unable to hear or see expert findings—stripping them of a fair trial .

To address this, the court has tasked Advocate S. Akash as amicus curiae to help draft formal guidelines. These rules are expected to ensure that doctors are first heard by the committee, then provided with its written report, and finally given an opportunity to challenge it in court if unsatisfied.

The bench has asked the additional director general of prosecution to propose the framework and content of these new procedures. A follow-up hearing has been scheduled for mid‑July to assess the draft guidelines. This oversight marks a significant step to safeguard doctors’ rights and improve transparency in medical negligence proceedings.