Supreme Court Quashes Case Against Surgeon, Says Doctor Best Judge of Procedure in Emergencies

The Supreme Court has quashed criminal proceedings against a paediatric surgeon, ruling that an operating surgeon is the "best judge" of which surgical procedure to adopt during an exigency.

The Bench addressed a case where a father alleged his child underwent an orchidectomy instead of the consented orchidopexy.

The Court found no evidence of malice or interpolation, noting the consent form listed both procedures as available options.

Supported by a Medical Board’s opinion, the Court held that the surgeon’s decision was a recognized alternative to prevent future malignancy, reinforcing that good-faith professional discretion does not constitute criminal negligence.

[Dr. S. Balagopal v. State of Tamil Nadu & Anr.]