Kerala High Court.
Medical Negligence Case Laws and Guidelines: In a significant development, the Kerala High Court has issued comprehensive draft guidelines aimed at ensuring that doctors accused in medical negligence cases are afforded a fair hearing and opportunity to defend themselves. The decision was prompted by earlier observations from the Court, which noted that the absence of clear guidelines was leading to doctors being denied a fair opportunity to challenge allegations made against them.
Court mandates opportunity for defense and appeal in medical negligence matters, safeguarding natural justice principles
Key Highlights:
Kerala High Court lays down draft guidelines for expert panels handling medical negligence complaints.
Doctors facing allegations to be given opportunity to defend themselves and appeal findings.
The guidelines aim to prevent unfair treatment and ensure transparency in medical negligence cases.
Justice VG Arun, who handles medical negligence cases, had earlier emphasized the need for well-defined protocols to protect medical practitioners from unjust accusations. The Court’s guidelines are designed to provide both medical professionals and complainants with a transparent and structured process for the resolution of such cases.
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Guidelines for Fair Procedure in Medical Negligence Cases
The Kerala High Court’s draft guidelines aim to address the issues of fairness, transparency, and accountability in the handling of medical negligence complaints. Key provisions of the draft include:
Swift Action and Documentation: Upon receiving a complaint, the Investigating Officer is required to immediately secure essential documents such as doctor’s notes, medical reports, and consent forms. This documentation is crucial for assessing the validity of the allegations.
Expert Panel Formation: The Court directs that an expert panel should be convened promptly to evaluate the case. Each district is required to maintain a list of qualified medical practitioners by specialty, ensuring that the panel includes experts familiar with the medical procedures under scrutiny.
Doctors’ Right to Defend: A critical element of the guidelines is the provision that doctors must be notified of the proceedings and allowed to submit written representations. In cases where gross negligence is suspected, the doctor should be called upon to appear in person and explain their actions.
Transparency and Consensus: The final report of the expert panel must reflect the individual opinions of each expert, and the conclusion should be based on a consensus. The panel is tasked with explicitly addressing whether negligence or recklessness occurred, and its reasoning should be clearly documented.
Appeal Process: Both the doctor and the complainant are granted the right to appeal the expert panel’s findings. A time limit for filing appeals is set, with the State Level Apex Expert Committee responsible for deciding these appeals within a stipulated time frame.
Hearing for Complainants: In cases where the panel finds no fault with the accused practitioner, the complainant should also be given an opportunity to be heard.
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Impact on Ongoing Cases
The guidelines come in the wake of two petitions filed by doctors Dr. Mohamed Rizwan and Dr. L Jayachandran, who sought to quash the criminal proceedings against them related to allegations of medical negligence.
Dr. Mohamed Rizwan was accused of medical negligence following the death of a patient who had been stabbed. The District Level Expert Committee concluded that the cause of death was related to the improper insertion of a drainage tube, but Dr. Rizwan argued that the patient’s violent symptoms, likely related to alcohol withdrawal, made the procedure too dangerous. He contended that the committee did not allow him to defend his actions, violating the principles of natural justice.
Dr. L Jayachandran, an obstetrician, was charged after a woman died during childbirth. While the expert panel found no negligence, the police lodged an FIR against him. Dr. Jayachandran argued that complications, including a previously undiagnosed hematoma, had contributed to the patient’s death.
Both doctors had argued that they were denied a fair hearing in the expert panels’ proceedings. As a result, they sought judicial intervention to quash the proceedings.
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Court’s Interim Order and Future Proceedings
In an order dated August 4, 2023, the Kerala High Court stayed the proceedings against both doctors for three months. The Court also directed the State Level Apex Expert Committee to review the appeals within two months. The interim order provides much-needed relief to the doctors while ensuring that due process is followed.
A Step Towards Judicial Reforms in Medical Negligence Cases
The Kerala High Court’s decision marks a crucial step in improving the judicial handling of medical negligence cases in the state. By formalizing the process and guaranteeing that medical professionals are given a fair opportunity to defend themselves, the Court aims to safeguard the interests of both doctors and patients. At the same time, the guidelines seek to ensure that any allegations of medical negligence are examined with the utmost care and impartiality.
These guidelines are expected to set a precedent for other states to adopt similar measures, thus fostering greater transparency and fairness in the handling of medical negligence cases across India.
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Legal Representation:
Dr. Mohamed Rizwan was represented by advocates John S Ralph, Vishnu Chandran, Ralph Reti John, Giridhar Krishna Kumar, Geethy TA, Mary Greeshma, Liz Johny, and Krishnapriya Sreekumar.
Dr. L Jayachandran was represented by advocates CR Sanish, VO Robinson, Anjana KP, and Arjun Sasi.
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