The Kerala High Court quashed criminal proceedings against Dr Joseph John, ruling that his actions did not amount to gross medical negligence. The Court emphasized that doctors cannot be held criminally liable for every patient death unless clear evidence of recklessness exists.

In a significant ruling on Monday, the Kerala High Court quashed criminal proceedings against Dr Joseph John, a gastroenterologist accused of negligence in the death of a 29-year-old kidney transplant patient. Justice G Girish clarified that not every death during treatment amounts to criminal liability, emphasizing that only gross negligence or recklessness warrants prosecution under Section 304A IPC.

The Court noted that Dr John acted within standard medical protocols, and expert panel reports confirmed reasonable care. It criticized the rising tendency to blame doctors for inevitable outcomes and called the case an abuse of the legal process. The ruling reinforced that the prosecution of doctors must be based on clear evidence of gross misconduct, not desperation or suspicion.

(Source:https://www.barandbench.com/news/doctors-cant-be-blamed-for-every-death-during-treatment-kerala-high-court )