Kerala High Court quashed the criminal case against Dr. Joseph John, stating that not every patient death amounts to medical negligence. The Court stressed that only gross negligence can attract criminal liability.
The Kerala High Court on Monday cancelled the criminal case against Dr. Joseph John, a gastroenterologist, who was accused of medical negligence after a 29-year-old kidney transplant patient died during treatment.
The Court said that every death during medical treatment cannot be blamed on the doctor, and that a criminal trial should happen only in cases where there is clear evidence of serious carelessness or ignorance.
Justice G. Girish, who passed the order, said:
“Only in such cases where there is gross lack of competence or inaction and wanton indifference to the patient’s safety which arose out of gross ignorance or gross negligence, could the Doctor concerned be compelled to face the trial for criminal negligence in the treatment administered by him. For every mishap or death during the treatment, the Doctor concerned cannot be proceeded against for punishment.”
The Court also spoke about how doctors are often wrongly blamed by people when a patient dies, even if the doctor tried their best to save the patient. It said:
“It is really unfortunate that the tendency to blame the Doctor for the death of the patient, notwithstanding the fact that it was inevitable in the nature of the ailment suffered by him, is far high when compared with the gratitude shown to a medical professional for saving the life of a patient… All that is intended to be conveyed is that the authorities concerned shall not be swayed away by the predilections of aggrieved persons whose minds, due to desperation, tend to find fault with the unsuccessful medical practitioner who strived hard to save the life of his patient.”
The case started after a 29-year-old kidney transplant patient, who had been admitted to a private hospital in Kochi with stomach pain and vomiting, passed away within 34 hours due to renal complications.
Dr. Joseph John was the treating doctor.
When the patient developed problems late at night, the nurse on duty called Dr. John. He gave instructions over the phone to give medicines and do some tests. Sadly, the patient did not survive.
The patient’s father then filed a complaint, saying that Dr. John was negligent. Although many expert medical panels said the treatment given was proper, the State-level apex body said Dr. John should not have treated the patient over the phone and should have personally examined him.
Based on this, a criminal case was filed under Section 304A of the Indian Penal Code (causing death by negligence).
Dr. John then approached the Kerala High Court and asked for the case to be cancelled. The Court reviewed all the documents and evidence.
It said that for a doctor to be punished under Section 304A IPC, the mistake must be very serious and reckless. A small mistake or an act done with reasonable care is not enough for criminal punishment.
The Court also mentioned judgments by the Supreme Court which have said that if doctors are punished without strong proof of gross negligence, it is harmful for society.
Doctors would be scared to treat patients, and this would hurt public health in general.
After checking everything, the Kerala High Court found that there was no clear proof of serious negligence by Dr. Joseph John.
It said he acted according to normal medical practice and that continuing the case against him would be wrong. So, the Court cancelled the criminal case and said the proceedings were a misuse of legal process.
Dr. Joseph John was represented in court by lawyers CR Syamkumar, PA Mohammed Shah, Sooraj T Elenjickal, K Arjun Venugopal, VA Haritha, Sidharth B Prasad, R Nandagopal, and Gayathri Muraleedharan.
The State was represented by Public Prosecutor Sangeetharaj NR.
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This judgment is a reminder that doctors should not be blamed for every death during treatment unless there is strong and clear evidence of serious negligence.
It also protects doctors from unnecessary legal trouble when they have tried their best to treat a patient sincerely and as per medical standards.
Case Title:
Dr Joseph John v The State of Kerala
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