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PANKAJ MITHAL, PRASANNA B. VARALE
Supriya Kumari M. C. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
PRASANNA B. VARALE, J.
1. Leave granted.
2. The present appeal has been preferred by the appellant challenging the order dated 16.10.2024 passed by the High Court of Kerala at Ernakulam in CRL. MC No. 6415 of 2018. The appellant's application filed under Section 482 of Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) to quash orders dated 09.06.2011 in C.M.P. No. 2492 of 2009 in C.C. No. 501 of 2008 passed by the Court of the Judicial Magistrate of the First Class-I, Kannur as confirmed in order dated 11.07.2018 passed in Crl. R.P. No 17 of 2011 by the Court of Additional District & Sessions Judge-II, Thalassery was rejected by the High Court.
FACTUAL MATRIX
3. Briefly stated, the prosecution’s case is that the patient, K.P. Muralidhar, was admitted at the Dhanalakshmi Hospital, Kannur on 28.05.2002 and piles surgery was scheduled on 29.05.2002. The appellant herein is a doctor who was working as a senior anaesthetist at the said hospital. On 29.05.2002 the surgery was conducted around 9:30 a.m. and the patient was shifted to the post-operative care ward in the evening wherein his health started deteriorating after 8 p.m. and eventually he collapsed on 30.05.2002
The main legal point established in the judgment is the requirement of expert medical opinion in cases of alleged medical negligence and the need for a high degree of negligence to establish criminal....
Medical professionals cannot be prosecuted for negligence unless there is gross negligence established through expert opinion; mere errors or lack of consent do not suffice.
Criminal liability under IPC 304-A for medical negligence requires prima facie gross negligence by ordinary competent doctor standard; no prosecution without material proving rash act, as simple erro....
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Criminal liability for medical negligence requires proof of a higher degree of negligence than mere error of judgment, as established in Jacob Mathew v. State of Punjab.
Criminal proceedings against doctor quashed absent gross negligence proof and where inquiry report confirms no involvement in treatment; high threshold per established guidelines required for medical....
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