The Kerala High Court recently passed a detailed interim order with draft guidelines for granting a fair opportunity to medical practitioners who are accused of medical negligence.
Laying down a 12-point draft guideline, Justice V.G. Arun requested the Additional Director General of Prosecution to place the same before the government for immediate action.
The draft guideline is reproduced below:
- Upon receipt of a complaint alleging medical negligence, the Investigating Officer should act swiftly and secure the initial set of documents like doctor's notes, nurses' diary, duty roster, shift reports, attendance sheets, assessment forms, consent forms, medical reports, diagnostic reports, lab results, referral or cross consultation records, treatment notes, discharge summaries etc.
- The Investigating Officer shall then intimate the authority concerned about the complaint and request to convene the Expert Panel meeting immediately. A list of practitioners, by specialty, should be maintained in each district and those persons sensitized about the manner in which complaints of medical negligence are to be dealt with. A Doctor from the concerned specialty shall be included in each Expert Panel. Also Read - KTU Syndicate Meeting Can't Be Continued After Vice-Chancellor Calls It Off, Will Create 'Ridiculous Situations': Kerala High Court The Expert Panel shall conclude its proceedings within 30 days of its constitution. The medical practitioner and the de facto complainant shall be issued with notice and permitted to submit written representations to the Expert Panel. In cases where the Expert Panel finds prima facie material indicating gross negligence, the medical practitioner should be called upon to appear in person and offer his explanation regarding the procedure adopted/ treatment provided. Also Read - Kerala High Court Weekly Round-Up: August 25 – August 31, 2025 The report of the Expert Panel should contain the individual opinion of each expert. The final conclusion of the Panel should be based on consensus. The report should directly address the issue whether gross negligence or recklessness, leading to loss of life, can be attributed to the medical practitioner and specify which individual(s), from among the team of doctors, is guilty of gross negligence or recklessness and the reasons for reaching such conclusion. The Expert Panel should apply a clear and consistent test for determining criminal negligence with reference to the Bolam test. The reasoning of the panel must be reflected explicitly in the report. A reporting template may be developed for use by the Expert Panels. A copy of the report should be served on the medical practitioners affected by the report. In cases where the Expert Panel finds no negligence, on the part of the doctors, a copy of the report should be furnished to the de facto complainant.
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-draft-guidelines-medical-negligence-case-opportunity-of-hearing-302571