The Patna High Court has terminated a 14-year-old criminal proceeding against an orthopaedic surgeon, ruling that doctors cannot face criminal prosecution for medical negligence without a competent medical opinion establishing gross negligence.
Setting aside a December 2017 trial court order that had refused to discharge the doctor, Justice Chandra Shekhar Jha quashed the complaint and all consequential proceedings. The judge stated that allowing criminal cases to move forward without initial expert medical evidence would lead to manifest injustice, undermine the criminal justice system, and impede independent medical decision-making essential to public healthcare.
High Legal Threshold for Medical Negligence
In the ruling delivered on July 21, the High Court emphasized that the legal standard for establishing criminal culpability in medical cases is significantly higher than that required for civil liability. Referencing several landmark Supreme Court rulings, including Jacob Mathew v State of Punjab and Kusum Sharma v Batra Hospital, the court held that criminal negligence must involve reckless or irresponsible conduct showing complete disregard for patient safety.
The court observed that private complaints alleging criminal negligence against medical professionals generally require supporting evidence from another competent physician before court proceedings can continue. Justice Jha noted that Article 21 of the Constitution safeguards not only a patient’s right to life but also a medical practitioner’s right to practice their profession with dignity, fairness, and protection against arbitrary prosecution.
Background of the Allegations
The case stemmed from a complaint filed in September 2012 by Satish Yadav before the Chief Judicial Magistrate in Patna following the death of his father, Bindeshwar Yadav. The elder Yadav had suffered a hand fracture in early August 2012 and was referred from Samastipur to the surgeon’s private nursing home in Patna for treatment.
The complainant alleged that the doctor overcharged for the procedure, demanding 18,000 rupees despite an initial estimate of 10,000 rupees. He further claimed that the patient fell unconscious after receiving excessive anaesthesia and a poisonous injection during surgery.
Chronology of Treatment and Legal Proceedings
In his defense before the High Court, the surgeon, a former lecturer at Patna Medical College and Hospital (PMCH), rejected the allegations. Defense submissions detailed that the patient was admitted on August 7, 2012, underwent required preliminary medical tests, and had surgery halted when his condition began to deteriorate. The patient was discharged the following day at the family’s request, admitted to another private facility, and eventually transferred to PMCH, where he passed away on August 10, 2012.
Following the initial complaint, the magistrate court had taken cognisance of offenses under Indian Penal Code sections covering cheating, causing death by negligence, and intentional insult. The Additional Chief Judicial Magistrate in Patna later rejected the surgeon’s discharge application in December 2017.
The High Court concluded that because the complainant failed to provide any expert medical opinion demonstrating gross negligence, continuing the prosecution would constitute an abuse of the legal process.
