The Kerala High Court on Monday quashed criminal proceedings against Dr Joseph John, a gastroenterologist accused of medical negligence for a patient's death. [Dr Joseph John v The State of Kerala & anr].Justice G Girish emphasised that not every death during treatment can be blamed on the doctor. The judgment stated,"Only in such cases where there is gross lack of competence or inaction and wanton indifference to the patient’s safety which arose out of gross ignorance or gross negligence, could the Doctor concerned be compelled to face the trial for criminal negligence in the treatment administered by him. For every mishap or death during the treatment, the Doctor concerned cannot be proceeded against for punishment."The Court further observed,"It is really unfortunate that the tendency to blame the Doctor for the death of the patient, notwithstanding the fact that it was inevitable in the nature of the ailment suffered by him, is far high when compared with the gratitude shown to a medical professional for saving the life of a patient... All that is intended to be conveyed is that the authorities concerned shall not be swayed away by the predilections of aggrieved persons whose minds, due to desperation, tend to find fault with the unsuccessful medical practitioner who strived hard to save the life of his patient.".Dr John was booked after a 29-year-old kidney transplant patient died under his treatment. The patient was admitted to a private hospital in Kochi for abdominal pain and vomiting. After he developed complications late at night, the duty nurse called the petitioner doctor, who advised administration of medicines and conduct of diagnostic tests. However, the patient succumbed to renal complications within 34 hours.A complaint was filed by the patient's father, alleging medical negligence by Dr John. Despite reports from multiple expert panels indicating reasonable medical care, the State-level apex body found fault with the doctor for treating the patient over the phone instead of ensuring direct medical evaluation. A criminal case was initiated against Dr John for the offence of causing death by negligence under Section 304A of the Indian Penal Code. Dr John thus approached the High Court to quash the case..After examining the case, the Court observed that for a doctor to be held criminally liable under Section 304A IPC, the negligence must be gross and reckless, not just a mere lack of necessary care.It reiterated Supreme Court judgments that held that criminal prosecution of doctors without clear evidence of gross negligence was a disservice to the community.The Court concluded that the materials on record did not establish any gross negligence on the part of Dr John and observed that he acted within the standard medical practices. Terming the proceedings against him as an abuse of the process of law, the Court quashed the criminal case against him..Dr John was represented by Advocates CR Syamkumar, PA Mohammed Shah, Sooraj T Elenjickal, K Arjun Venugopal, VA Haritha, Sidharth B Prasad, R Nandagopal and Gayathri Muraleedharan.Public prosecutor Sangeetharaj NR appeared for the State..[Read Order]
