The Kerala High Court on Monday set aside criminal proceedings against Dr Joseph John, a gastroenterologist accused of medical negligence following the death of a 29-year-old kidney transplant patient.

Justice G Girish, who delivered the ruling, underscored that not every death during medical treatment amounts to criminal liability for the treating doctor.

The Court held that criminal prosecution is warranted only in instances of gross incompetence, reckless inaction, or wanton disregard for a patient’s safety — acts stemming from "gross ignorance or gross negligence."

The judgment clarified that a doctor cannot be held criminally accountable for every mishap or death that occurs during treatment.

Highlighting a broader concern, the Court lamented the growing tendency to scapegoat medical professionals in the event of a patient’s death, even when the outcome was unavoidable given the nature of the illness. It noted:

“It is really unfortunate that the tendency to blame the Doctor for the death of the patient, notwithstanding the fact that it was inevitable in the nature of the ailment suffered by him, is far high when compared with the gratitude shown to a medical professional for saving the life of a patient... Authorities concerned shall not be swayed away by the predilections of aggrieved persons whose minds, due to desperation, tend to find fault with the unsuccessful medical practitioner who strived hard to save the life of his patient.”

The case against Dr John arose after a patient was admitted to a private hospital in Kochi with complaints of abdominal pain and vomiting. When complications developed late at night, the duty nurse contacted Dr John, who advised administering medication and conducting tests. The patient, however, passed away within 34 hours due to renal complications.

Following the incident, the patient’s father filed a complaint alleging negligence. While multiple expert panels concluded that Dr John had provided reasonable care, a State-level apex body took exception to the fact that he managed the case telephonically rather than through direct examination. Consequently, a criminal case was initiated under Section 304A of the Indian Penal Code, which deals with causing death by negligence.

In his petition to the High Court, Dr John sought quashing of the proceedings. After reviewing the materials on record, the Court concluded that there was no evidence of gross or reckless negligence to justify a criminal trial. It also cited Supreme Court precedents cautioning against prosecuting doctors without clear proof of criminal wrongdoing, noting that such actions could deter medical professionals from performing their duties fearlessly.

Finding the case against Dr John to be an abuse of the legal process, the Court allowed his petition and quashed the criminal proceedings.

Dr John was represented by Advocates CR Syamkumar, PA Mohammed Shah, Sooraj T Elenjickal, K Arjun Venugopal, VA Haritha, Sidharth B Prasad, R Nandagopal, and Gayathri Muraleedharan.
Public Prosecutor Sangeetharaj NR appeared for the State.