Criminal case against private hospital only after expert panel establishes medical negligence: Kerala Human Rights Commission
Thiruvananthapuram: In a recent ruling, the State Human Rights Commission of Kerala clarified that a criminal case can be registered against a private hospital only if the occurrence of negligence is established by an expert medical panel.
It was observed by the Commission chairperson, Justice Alexander Thomas, that in the case where a patient has not received adequate or timely medical services from a private hospital, a complaint seeking relief may be filed before a civil court or a consumer forum constituted under the Consumer Protection Act.
These observations were made by the Human Rights Commission while considering the plea filed by a resident from Kudappanakunnu in Thiruvananthapuram.
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As per the latest media report by the Times of India, the complainant alleged that his 24-year-old son, who had been admitted to a private hospital at Sasthamangalam on Jan 30, 2025, for a cardiac problem, did not receive adequate treatment.
Earlier, the Commission had directed the district medical officer (DMO) to set up an expert panel for investigating the allegations. For carrying out the inquiry, the DMO appointed cardiologists at Thiruvananthapuram General Hospital.
In its report, the expert committee opined that it could not conclusively establish medical negligence. However, it found that there had been a delay in recognising the cardiac condition of the patient despite his complaints of heart-related symptoms.
It was observed by the panel that although Troponin-T and ECG tests were planned, the patient’s symptoms were not assessed in a prompt manner and appropriate treatment was delayed. The committee further opined that the patient had suffered an acute myocardial infarction, but timely treatment was not provided.
The Human Rights Commission issued directions to the DMO for furnishing the complainant with copies of the expert panel's report, relevant records and statements of the witnesses.
