Posted By :  Admin1

The Kerala High Court has clarified that doctors should not be held criminally responsible for every patient death during treatment. This decision came while dismissing charges against Dr. Joseph John, a gastroenterologist accused of negligence after a renal transplant patient died under his care in 2012. Justice G Gireesh emphasized that only in cases of gross incompetence or negligence should a doctor face criminal liability. The court noted that Dr. John had advised medication over the phone, and expert panels confirmed that the patient received reasonable care. Therefore, the court ruled that his actions did not amount to criminal negligence under Section 304A of the Indian Penal Code. 

The judgment highlighted the importance of distinguishing between unfortunate outcomes and actual negligence. The court warned that holding doctors criminally liable for every adverse event could discourage medical professionals from making necessary decisions, fearing legal repercussions. Such a climate could harm patient care by making doctors overly cautious. The court also referenced a Supreme Court ruling that stressed the need to maintain trust in the doctor-patient relationship and avoid unnecessary criminal prosecutions that could erode this trust.

This ruling sets a precedent in Kerala, emphasizing that not all medical complications or patient deaths result from negligence. It underscores the necessity for clear evidence of gross negligence before initiating criminal proceedings against medical professionals. The court's decision aims to balance the rights of patients with the need to protect doctors from unwarranted legal action, ensuring that medical practitioners can perform their duties without undue fear of prosecution.