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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN
Vinu V. Gopal, S/o. G. Venugopal – Appellant
Versus
State of Kerala, Through The Deputy Superintendent of Police, Represented By The Public Prosecutor – Respondent
ORDER :
V.G. ARUN, J.
Petitioner is the 1st accused in Crime No.10 of 2021 of the Crime Branch, CU-II Unit, Ernakulam registered for the offence punishable under Section 304A of IPC. The case originated on the death of a patient named Shafiq at the Government Medical College Hospital, Kottayam. The petitioner was the night duty on-call Medical Officer of the Neuro Surgery Department when Shafiq was admitted in the Medical College Hospital. The essential facts are as under;
Shafiq, a remand prisoner, suffered seizures on 11.01.2021 while undergoing judicial custody in the Sub Jail, Kakkanad. The next day, i.e. 12.01.2021, at about 12:27 pm, Shafiq suffered another seizure and fell down, resulting in injuries to his head. He was then taken to the Taluk Hospital, Tripunithura and from there to the General Hospital, Ernakulam, by about 08:12 pm, on 12.01.2021. A CT-Scan conducted at the General Hospital revealed sub-dural haemorrhage and temporal bleeding in Shafiq's brain, making in-patient treatment unavoidable. However, as beds were not available at the General Hospital, Shafiq was referred to the Government Medical College Hospital, Kottayam. He was then brought to the Medicine Depart
Criminal liability for medical negligence necessitates proof of gross negligence, beyond mere lack of care.
Criminal negligence allegations against medical professionals require proof of gross negligence; mere errors in judgment do not establish criminal liability under Section 304A IPC.
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.
For criminal liability under Section 304-A IPC, gross negligence or recklessness must be established, along with a violation of duty by the medical professional, necessitating a trial.
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 negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
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