Kerala High Court Drafts Guidelines to Protect Doctors’ Rights in Medical Negligence Cases

The Kerala High Court has framed draft guidelines to ensure doctors get a fair hearing in medical negligence cases. Justice VG Arun noted that the absence of clear rules often denied doctors an opportunity to defend themselves.

The guidelines mandate notice to doctors and complainants, the right to submit representations, and the right to appeal findings of expert panels.

Panels must conclude within 30 days, include specialists, apply the Bolam test, and give reasoned reports.

The State has been asked to adopt formal rules.

[Dr. Mohamed Rizwan T v. State of Kerala guidelines]