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DEVAN RAMACHANDRAN
K. Haridas, S/o. Kuttikrishnan Nair – Appellant
Versus
State of Kerala, Represented By The Secretary To The Government, Department Of Health And Family Welfare – Respondent
JUDGMENT :
[WP(C) Nos.3649/2024, 38061/2022]
Recognising that not all medical complications are the result of medical negligence or iatrogenic lapses, the Hon’ble Supreme Court, in Jacob Mathews v. State of Punjab [(2005) 6 SCC 1], declared the law that in cases where a criminal prosecution is initiated against a doctor or health care professional, the Investigating Officer is expected to obtain expert opinions from the best inputs, for which, Expert Committees consisting of Medical Experts and Forensic Experts require to be established.
2. The specific directions in the afore judgment would require to be kept in mind while I proceed to deliver judgment with these cases; and therefore, extracted them as under:
The main legal point established is the need for care and caution in prosecuting doctors for offenses involving criminal rashness or negligence, and the recognition of the importance of obtaining exp....
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.
The court emphasized the requirement of gross negligence and high recklessness to fasten criminal liability on doctors.
Crucial importance is lack of sanction under Section 197 Cr.P.C. As per Section 197 Cr.P.C. it is mandatory for the court to obtain prior sanction from the Government for taking cognizance in respect....
Cognizance of medical negligence cannot proceed without prima facie expert opinion as per established legal standards, emphasizing the need for significant evidence to substantiate claims of gross ne....
Medical professionals must adhere strictly to consent protocols; deviations constitute negligence, justifying FIR registrations.
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