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Ernakulam, June 2025 — The Kerala High Court has raised serious concerns regarding the absence of clear guidelines for expert committees handling medical negligence cases, stating that this gap denies doctors a fair opportunity to defend themselves in legal proceedings.
The court, while considering a plea by a doctor facing prosecution under Section 304A of the Indian Penal Code (IPC) for alleged medical negligence resulting in patient deaths, noted that the current system lacks structured protocols for expert committees. The doctor had sought a stay on criminal proceedings until the High Court disposed of his plea. The court granted an interim stay and highlighted that the petitioner was neither heard by the expert committee nor provided a copy of the committee’s report—both of which are fundamental to ensuring a fair trial.
Justice V.G. Arun, presiding over the bench, appointed an Amicus Curiae to assist the court and directed the petitioners’ counsel and the Additional Director General of Police (ADGP) to submit suggestions on formulating guidelines for expert committees. The court emphasized that the absence of such guidelines adversely impacts the right to a fair trial for accused doctors, as it is essential for the committee to consider the doctor’s explanation before submitting its report and to serve a copy of the report to the doctor, allowing an opportunity for appeal.
The court’s observations were prompted by the ADGP’s admission that there are no guidelines governing the functioning of expert committees, which are constituted in line with the Supreme Court’s directions in the landmark case of Jacob Mathew v. State of Punjab. The court has posted the matter for further hearing on July 14, 2025, and extended the stay on proceedings against the doctor.
Background and Implications
Medical negligence cases in India often involve complex technical and legal issues, requiring expert opinions to determine whether a doctor’s actions fell below the accepted standard of care. However, the lack of standardized guidelines for expert committees has led to inconsistencies and concerns about procedural fairness for doctors facing allegations.
The Kerala High Court’s intervention underscores the urgent need for clear, transparent, and fair procedures to protect both patient rights and the professional integrity of medical practitioners. The court’s call for guidelines aims to ensure that doctors are not prosecuted without a proper defense and that expert opinions are based on thorough, unbiased assessments.
Disclaimer:
This news article is based on information available as of June 2025 and is intended for general informational purposes only. The content is sourced from publicly available court proceedings and news reports. It does not constitute legal advice or reflect the official stance of any judicial or government body. Readers are advised to consult legal professionals for specific guidance on medico-legal matters.
