Doctors facing unnecessary humiliation due to Delayed Medical Negligence Probe: Kerala HC directs Time-Bound Immediate Investigation
Kerala HC Observations on Granting Protection to Nurses in Medical Negligence Cases
New Delhi: Pointing out that innocent doctors might have to face unnecessary humiliation if investigation gets delayed, the Kerala High Court on Thursday asked the State to ensure time-bound and immediate investigation in medical negligence cases.
In this regard, the Chief Secretary of the State has been directed by the HC bench comprising Justice P.V. Kunhikrishnan to take necessary steps to see that a time-bound immediate investigation is conducted in medical negligence cases in consultation with the State Police Chief and the Director of Health Service.
The HC bench observed, "In medical negligence case, both sides want immediate action. Sometime, unnecessary complaints will be there against the doctors alleging medical negligence, and if the investigation is delayed, the doctors may have to face unnecessary humiliation. Similarly, the victims also want early decisions in medical negligence case. Therefore, a time bound investigation is necessary in these types of cases."
Such observations were made by the Court while considering a plea alleging unnecessary delay in the completion of investigation in respect of an alleged medical negligence case.
It was submitted by the petitioners, who are the legal heirs of the deceased patient, that the latter got admitted to KIMS Hospital, Trivandrum to get a Gastroenterological opinion on the multiple polyps in his intestine.
Allegedly, apart from the upper GI Endoscopy that was advised, the doctors also performed a Polypectomy even though prior consent or risks of that procedure were not explained to the petitioners or the deceased.
Following this, the patient developed severe abdominal pain and the petitioners rushed him to the treating hospital, where he was admitted to the emergency ward and was administered antacids, analgesics and enema. Allegedly, the hospital did not provide proper medical care to the patient. His condition worsened and he was taken to another hospital and ultimately died.
As per the petitioners, it was a case of medical negligence and even though a police case was registered in the matter in 2019, there is no progress even after 3 years, allegedly because of the hospital's influence.
The petitioners further pointed out that the Medical Expert Committee headed by the District Medical Officer, Thiruvananthapuram also held the hospital negligent.
Therefore, the plea was filed before the HC bench to entrust the investigation in this regard to the Crime Branch or a Special Investigation Team headed by a police officer, not below the rank of the Superintendent of Police.
While considering the matter, the Court had earlier directed the public prosecutor to ensure that the final report of the State Apex Expert Committee was filed immediately.
The bench noted that the report had been received and the police are going to file the final report within a week, after incorporating Section 304A IPC. Taking note of the same, the bench closed the plea.
However, it also addressed the issue of delay in respect to the investigation in medical negligence cases and observed, "But, before parting with the case, I am of the considered opinion that, in medical negligence cases, the investigating officers should take appropriate steps to expedite the investigation. The District Level Medical Expert Committee and the State Level Apex Expert Committee should take appropriate decision, within a time frame fixed by the competent authority."
With this observation, the bench directed the State Chief Secretary to ensure that necessary steps were taken to ensure a time-bound immediate probe and ordered, "The Chief Secretary of the State should take necessary steps to see that a time bound immediate investigation is conducted in medical negligence case in consultation with the State Police Chief and the Director of Health Service."
To view the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-order-226830.pdf
