In a significant development for the medical fraternity, the Kerala High Court recently issued draft guidelines aimed at ensuring doctors accused in medical negligence cases receive a fair hearing. This comes amid rising litigations where doctors face criminal charges under Section 304A of the Indian Penal Code for alleged medical negligence resulting in patient deaths. According to these draft guidelines, an expert panel reviewing negligence allegations must promptly secure all relevant medical records and convene without delay.
Crucially, the guidelines mandate that accused doctors are given an opportunity to submit written representations and be heard in person if gross negligence material is found. Each panel must consist of specialists from the concerned medical field to ensure informed decisions. The panel’s findings must clearly state whether gross negligence is attributable,…
