In a significant ruling on medical negligence and criminal liability, the Supreme Court recently quashed criminal proceedings against an anesthetist in a post-surgery death case from Kerala. The Court held that a doctor cannot be held criminally liable under Section 304-A of the IPC for a procedural error committed by a staff nurse after the doctor’s duty hours had ended. The judgment clarified the distinction between civil negligence and criminal negligence in medical practice and reinforced legal safeguards for healthcare professionals. The case dates back to 2002, when a patient underwent piles surgery at a private hospital in Kannur, Kerala.
After the procedure, the patient reportedly developed severe postoperative pain. According to the prosecution, the senior anesthetist, who had already completed her shift, advised over the phone that the painkiller Sensorcaine be administered. A…
