Medical Negligence Without Intent Does Not Amount to Culpable Homicide, Rules Court
Ernakulam: The Kerala High Court has dismissed criminal proceedings against a surgeon accused of medical negligence leading to the death of a 10-year-old girl during an appendectomy in Palakkad in 2012. The court clarified that medical negligence without intent or knowledge that death was likely does not qualify as culpable homicide under Section 304 of the Indian Penal Code (IPC).
Legal Distinction Between Negligence and Culpable Homicide
Justice Kauser Edappagath emphasized that errors by doctors resulting in death are not automatically culpable homicide unless the doctor had intent or awareness that their act could cause death. Instead, cases of medical negligence leading to death should be considered under Section 304A IPC, which deals with causing death by negligence.
Case Background: Surgery Complications and Death
In May 2012, the surgeon performed an appendectomy on Athira, a 10-year-old, administering spinal anaesthesia without an anaesthetist’s supervision. During surgery, the child’s oxygen saturation dropped, leading to cardiac arrest and death within half an hour. The child’s mother filed a complaint alleging negligence and knowledge of potential fatality by the doctor.
Trial Court vs. High Court: Discharge Plea and Review
The Sessions Court had rejected the surgeon’s plea for discharge from the criminal case. However, upon appeal, the High Court examined medical reports and expert opinions, concluding that the surgeon, qualified to administer anaesthesia, lacked the requisite knowledge or intent to cause death.
Key Observations by the Court
- Doctors with MBBS registration are legally permitted to administer anaesthesia.
- The surgeon had prior experience as an anaesthetist.
- Prosecution evidence did not establish intent or knowledge of probable death.
- Even accepting prosecution claims fully, the offence did not meet the criteria of Section 304 IPC.
Court’s Final Judgment
The Kerala High Court quashed the charge sheet, discharged the surgeon, and allowed the criminal revision petition, ruling there was insufficient ground to proceed with a culpable homicide trial based on medical negligence without intent.
Implications
This ruling reaffirms that medical errors without malicious intent or knowledge of fatal outcomes should not be treated as serious criminal offences like culpable homicide, offering some protection to medical professionals operating in complex and high-risk situations.
