
The Kerala High Court has quashed criminal proceedings against Dr Joseph John, a gastroenterologist, accused of negligence under Section 304A IPC after a 29-year-old kidney transplant patient died during treatment.
While a state medical body raised concerns about the remote treatment of the patient, expert reports confirmed that Dr John followed reasonable care.
The doctor, consulted over the phone, advised medication and tests, but the patient died within 34 hours due to renal complications.
The Court held that criminal liability arises only from gross negligence, not from medical complications or errors in judgment. Noting a growing trend of unfairly blaming doctors, the court stressed that prosecution must be based on clear evidence.
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