Kochi: Kerala high court has issued draft guidelines for the proceedings of the expert panel as well as the apex committee in medical negligence cases, including granting the accused doctor an opportunity to be heard.
A bench of Justice V G Arun issued the draft guidelines for the immediate consideration of the state govt, while hearing petitions filed by two doctors seeking to quash criminal cases registered against them, alleging medical negligence. The court noted that since 1986, the state govt has issued a series of circulars concerning the investigation of medical negligence cases, the constitution of expert panels and apex body, and the timelines for completing proceedings. However, none of those circulars provided for granting the accused medical practitioner an opportunity for a hearing.
As per the draft guidelines, the investigating officer shall act promptly to secure all relevant medical records and inform the competent authority to convene the expert panel meeting without delay. Each district shall maintain a list of practitioners by speciality, and a doctor from the concerned speciality shall be included in every expert panel. The panel shall conclude its proceedings within 30 days of its constitution. Both the accused doctor and complainant shall be permitted to submit written representations. If prima facie material indicating gross negligence is found, the doctor shall be called upon to appear in person and explain the procedure adopted or treatment provided.
The report shall contain the opinion of each expert, and the conclusion shall be based on consensus. It shall directly address whether gross negligence can be attributed to the doctor and shall specify which individual, from among the team of doctors, is held guilty, along with the reasons for such findings. A copy of the report shall be served on the doctor affected by it.
In cases where the panel finds no negligence on the part of the doctors, a copy shall also be furnished to the complainant. The right to appeal against the findings of the panel shall be available to both the doctor and complainant. A time limit shall be prescribed for filing the appeal, as well as for the state level apex expert committee to decide the same.
— Read on timesofindia.indiatimes.com/city/kochi/medical-negligence-cases-kerala-hc-issues-guidelines-to-ensure-doctors-get-fair-hearing/amp_articleshow/123681981.cms