Every sufferers demise can’t be termed medical negligence, guidelines Kerala HC

Kochi, Feb 7: The Kerala High Court has dominated that each affected person’s demise can’t be termed medical negligence, including a physician could be held chargeable for medical negligence provided that the affected person died as a direct or proximate results of their acts, and never just because issues went incorrect resulting from mischance or misfortune.

“There should be sufficient evidence to accuse a medical professional of such negligence. The death should be a ‘direct or proximate result’ of the negligent act alleged to attract criminal liability,” it held, because it acquitted 5 medical professionals (two docs and three nurses) convicted by a trial court docket on expenses of inflicting demise by negligence and others following the demise of a 37-year-old lady who underwent a sterilisation process by laparoscopy in 2006.

The court docket additional said that docs are volunteers who take the chance of coping with “the most intricate, delicate, and complex machine on earth – the human body”.

“When things go wrong, it is not always the fault of the doctor. A complication by itself does not constitute negligence. There is a big difference between an adverse or untoward event and negligence. However, there is a growing tendency to accuse the doctor of an adverse or untoward event,” it stated.

It was additionally identified that with a view to convict a medical skilled for medical negligence, the prosecution should show culpable and gross negligence past an affordable doubt.

It must be proven that the physician did or did not do one thing which no odd expert medical skilled would have achieved or did not do.

The court docket additionally famous that there’s a rising tendency among the many public to accuse medical practitioners after opposed and unlucky occasions, inflicting skilled injury and emotional drain for such medical practitioners.

While the decrease court docket sentenced the accused to bear easy imprisonment, the excessive court docket, after shut examination, concluded that the medical negligence case wouldn’t stand in opposition to the accused and acquitted them.

Every affected person’s demise can’t be termed medical negligence, guidelines Kerala HC IANS 07 February 2023 Post Your Comments

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