The Kerala High Court has clarified that prescribing medicines over the phone does not amount to criminal negligence if the approach taken by the doctor aligns with what other medical professionals would have done in similar circumstances.
This ruling came in the case of Dr. Joseph John MD v. State of Kerala & Another (Crl.M.C. No. 5692/2018), where Justice G. Girish quashed the criminal proceedings initiated against Dr. Joseph John under Section 304A of the Indian Penal Code. The petitioner was accused of causing a patient's death due to alleged negligence in not physically attending to the patient despite being informed by a nurse about the patient’s deteriorating condition.
“There is absolutely nothing on record to show that the act of the petitioner prescribing some medicines and directing the laboratory evaluation of the vitals of the patient, amounted to gross negligence which is never expected from a Doctor of similar stature,”
— Kerala High Court
The case revolved around a young patient who had previously undergone a kidney transplant. After being successfully treated for intestinal complaints, he developed complications and died due to renal failure. On the night of the incident, the attending nurse contacted Dr. John, who was not on duty, at around 4:30 a.m. The doctor, after discussing the symptoms, prescribed medication over the phone and suggested certain tests. The patient was later shifted to the Nephrology ICU but passed away the following day.
“A doctor cannot be held criminally liable unless the negligence shows such disregard for life and safety of the patient that it amounts to a crime,”
— Supreme Court in Jacob Mathew v. State of Punjab
Read Also:- Supreme Court Directs P&H Bar Council to Propose Name of Former HC Judge for Haryana Bar Elections
The High Court noted that multiple expert panels, including professors from Government Medical College, Thiruvananthapuram, had supported the treatment given by Dr. John. One expert even stated that he would have acted similarly.
The judgment reiterated the legal standards for medical negligence established in Bolam v. Friern Hospital and Jacob Mathew v. State of Punjab, stating that a doctor must demonstrate gross negligence or reckless disregard to be held criminally liable. Simple errors in judgment or acts taken in good faith—even if they result in harm—do not meet the threshold for criminal action.
“Where a patient’s death results merely from an error of judgment or accident, no criminal liability should be attached to it,”
— Supreme Court in Dr. Suresh Gupta v. Govt. of NCT of Delhi
Read Also:- Chhattisgarh Liquor Scam: Supreme Court Grants Bail to Anwar Dhebar in PMLA Case Citing Delay in Trial
The Kerala High Court concluded that initiating criminal proceedings against Dr. John was unjustified and constituted misuse of judicial process. It emphasized that while the hospital may face civil liabilities, the doctor’s actions, in this case, did not justify criminal charges.
Case No: Crl.M.C. No. 5692/2018
Case Title: Dr. Joseph John MD v. The State of Kerala and another
Counsel for the Petitioner: C.R. Syamkumar, P.A. Mohammed Shah, Sooraj T. Elenjickal, K. Arjun Venugopal, V.A. Haritha, Sidharth B. Prasad, R. Nandagopal and Gayathri Muraleedharan
Counsel for Respondents: Sangeetharaj N.R., Public Prosecutor
