The Kerala High Court has held that reports submitted by the State Level Apex Body in medical negligence cases are only expert opinions and cannot be treated as final findings against doctors. Refusing to interfere with an expert panel’s report that found prima facie evidence of gross medical negligence in the death of a 10-year-old girl, the Court observed that such reports merely constitute expert evidence and their credibility must be tested during trial.
High Court Clarifies Evidentiary Value of Expert Panel Reports
A Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed that the opinions of Expert Panels investigating allegations of medical negligence are not conclusive findings against doctors.
The Bench held that the reports are in the nature of expert evidence produced by the prosecution and can be challenged during cross-examination if relied upon during trial. The Court clarified that such opinions cannot, by themselves, be treated as established facts or findings prejudicial to the accused doctors.
Case Pertains to Death of 10-Year-Old Girl
The case arose from the death of a 10-year-old girl who was admitted to a hospital in Pandalam in August 2010 with complaints of abdominal pain and vomiting.
According to the case records, she was administered Bigtum 600 mg IV along with Rantac 0.5 cc. Soon after, she reportedly developed complications and was shifted to the Intensive Care Unit before being referred to a hospital in Kochi on mechanical ventilation. She later died in the critical care unit, and the post-mortem examination recorded the cause of death as “choking.”
Following a complaint alleging criminal medical negligence, an FIR was registered and the matter was referred to the Expert Panels constituted under the Kerala Government’s Circular dated June 16, 2008.
Doctors Challenge Expert Panel Report
Although earlier reports of the State Level Apex Body did not find material indicating criminal negligence, those reports were set aside in previous proceedings. Pursuant to directions of the High Court, the panel reconsidered the matter and, in its fresh report, expressed a prima facie opinion that there was gross medical negligence.
The doctors challenged the report before the High Court. However, the Single Judge declined to interfere, holding that the Expert Panel’s report merely reflected expert opinion to assist the investigating agency and did not curtail the powers of the Investigating Officer under the Code of Criminal Procedure.
The doctors subsequently filed an appeal before the Division Bench.
Court Refers to Jacob Mathew Judgment
Before the Division Bench, the doctors relied on the Supreme Court’s judgment in Jacob Mathew v. State of Punjab and Another, contending that medical negligence must be assessed differently from ordinary negligence.
They argued that a mere error of judgment, lack of care, or an unsuccessful outcome does not amount to criminal negligence if the doctor has followed a practice accepted by the medical profession. The doctors also questioned the constitution of the Expert Panel.
The complainant, however, argued that the Expert Panel’s report was only scientific expert evidence intended to assist the investigation and did not amount to a judicial finding against the doctors.
Division Bench Upholds Single Judge’s Order
The High Court observed that the two-tier Expert Panel mechanism was introduced by the Kerala Government in 2008 following the Supreme Court’s observations in Jacob Mathew to protect doctors from arbitrary or unwarranted criminal prosecution while ensuring that genuine complaints receive expert scrutiny.
The Bench agreed with the Single Judge that the Expert Panel’s report is only expert evidence and cannot be treated as a final determination of guilt.
Addressing the challenge to the constitution of the Expert Panel, the Court noted that the doctors had not questioned the panel’s constitution when earlier reports were favourable to them. It also observed that no material had been produced to cast doubt on the competence of the Apex Body.
The Court further noted that although the incident occurred in 2010, the criminal trial had still not commenced even after 16 years.
Important Highlights
- The Kerala High Court held that Expert Panel reports in medical negligence cases are expert opinions and not final findings.
- The Court refused to interfere with a report that found prima facie evidence of gross medical negligence against two doctors.
- The case relates to the death of a 10-year-old girl following treatment at a hospital in 2010.
- The Division Bench observed that Expert Panel opinions can be tested through cross-examination during trial.
- The Court upheld the Single Judge’s order and noted that the criminal trial has not commenced even after 16 years.
