HC refuses to quash criminal case against lab technician for deviating from doctor's test orders
Declining to quash a criminal case against a lab technician for allegedly conducting an unprescribed test on a patient, the Kerala High Court ruled the action of performing a test using an alternative method that differed from the doctor’s prescribed test is considered as 'Gross Negligence'. The court said that it could have endangered the life of the patient.
While the lab technician, the petitioner in this case alleged that the alternative test did not constitute an act of negligence under Section 336, the court ruled that rash or negligent actions that endanger human life or safety attract liability under Section 336 of the IPC. Further, it noted that if the doctor had not detected the issue and conducted the correct test, it could have endangered the patient’s life, thereby justifying the charge.
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