Kerala HC orders time-bound investigations into medical negligence cases

The Kerala High Court has instructed the Chief Secretary of the State to ensure that investigations into medical negligence cases are carried out promptly and in a time-bound manner, in collaboration with the State Police Chief and the Director of Health Service [Ushakumari & Ors. V State of Kerala & Ors.].

Justice PV Kunhikrishnan emphasized the need for expeditious investigations in medical negligence cases, highlighting that both doctors (who may be accused of negligence) and victims desire swift resolutions.

“I am of the considered opinion that, in medical negligence cases, the investigating officers should take appropriate steps to expedite the investigation. .. 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,” the High Court said.

To this end, the High Court called for investigating officers to ensure that investigations are carried out without delay, and emphasised that District and State-level Medical Expert Committees should make timely decisions.

“The District-Level Medical Expert Committee and the State Level Apex Expert Committee should make appropriate decisions, within a time frame fixed by the competent authority. In medical negligence cases, both sides want immediate action. Sometimes, 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 cases” observed the High Court.

The High Court was considering a petition in which the relatives of a deceased medical patient claimed that there had been an unnecessary delay in completing the investigation into a medical negligence case.

The petitioners were the relatives of one KV Sunny, who passed away after undergoing a medical procedure at the KIMS Hospital, Trivandrum. They alleged that the hospital charged them ₹ 9,000 for an upper GI Endoscopy with biopsy and undisclosed polypectomy, leading to severe abdominal pain.

Despite seeking medical attention, the deceased was allegedly sent home, and later, he succumbed to complications and passed away.

The petitioners claimed that even though they filed a complaint alleging medical negligence by the hospital in the matter, there has been no progress in the case even after three years. The petitioners alleged that this was because of the influence held by the accused hospital.

The petitioners, therefore, called for a transfer of the investigation into the medical negligence complaint from the Medical College Police Station to the Crime Branch.

The Public Prosecutor informed the Court that a final report is slated to be submitted soon by the police. In view of this submission, the Court closed the petition, observing:

“Now, it is submitted that the State Apex Expert Committee Report is received and the police is going to file a final report within a week, after incorporating Section 304A IPC. If that be the case, nothing survives in this case. Recording the above submission this Writ Petition(Crl.) can be closed.”

The petitioners were represented by advocate MS Amal Darsan. The State authorities were represented by Public Prosecutor Hrithwik CS. Bar and Bench