Surgical judgment not criminal negligence – Kerala High Court
Issue -
January - 2026, Posted On: 01 January 2026
A man admitted with chest trauma after a fall began to show breathing distress, and imaging revealed fluid collection in his chest cavity. The treating surgeon decided to manage him conservatively, monitoring oxygen levels and vitals instead of immediately inserting an intercostal drainage tube. Within a short period, the patient’s condition worsened, and despite resuscitation, he died.
Following the incident, a medical board was constituted to assess whether there had been negligence. The board concluded that the doctor should have drained the fluid earlier and recommended criminal action. On the basis of that report, police registered a case of causing death by negligence against the surgeon — a step that brought his professional judgment under criminal scrutiny.
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