Posted By :  Admin1

 In a significant judgment, the Kerala High Court quashed criminal charges under Section 304-A of the Indian Penal Code against a doctor, emphasizing that criminal liability in medical cases arises only when there is a rash or grossly negligent act that directly leads to a patient’s death. The bench, presided by Justice V. G. Arun, underlined that mere delay or an error in judgment does not meet the threshold for criminal negligence.

The case was related to the death of a remand prisoner who suffered severe seizures and head injuries in January 2021. The doctor, who was on duty at the time, ordered a CT scan and advised preparations for emergency surgery. However, when his duty ended at 8:00 a.m., the operation was delayed due to the unavailability of the operating theatre, and the patient later passed away. Criminal proceedings for negligence were started after an expert medical panel noted that the patient did not receive adequate care.

The court observed that delays were mainly due to COVID-19 protocols and hospital limitations. Referring to earlier Supreme Court rulings such as Suresh Gupta v. NCT of Delhi and Jacob Mathew v. State of Punjab, the judge stated that only gross negligence or recklessness can attract criminal charges. Since the doctor had followed proper medical procedures and ordered the necessary tests, he could not be held criminally liable for the unfortunate death. The court therefore quashed the FIR and all related proceedings.