Death from medical negligence not same as culpable homicide: Kerala High Court closes case against doctor

The Kerala High Court recently observed that medical negligence resulting in death cannot always be equated with culpable homicide not amounting to murder as punishable under Section 304 of the Indian Penal Code. [Dr K Rajagoplan v. Regha & Anr.].Justice Kauser Edappagath held that the two can be equated only if the act of medical negligence was done with intent to cause death or with the knowledge that death was a likely outcome."An act of medical negligence, even if resulting in death, would not automatically constitute culpable homicide unless there is intent or knowledge that the death would be a likely consequence. Medical negligence cannot be equated with culpable homicide. In medical negligence cases, if the death is due to failure to exercise reasonable care or a breach of duty by a medical professional, Section 304 A may be invoked.", the Court said in its judgment..The judgment was passed on a petition moved by Dr. K Rajagopalan who had conducted an appendectomy on a 10-year-old girl in 2012 at a private nursing home in Palakkad.He had administered spinal anaesthesia to the child without involving an anaesthetist. During the surgery, the child suffered a cardiac arrest and passed away within minutes.Based on a complaint by the child's mother, a case was registered against the doctor and a final report was filed under Section 304 IPC (culpable homicide not amounting to murder) alleging that the doctor acted with the knowledge that proceeding without an anaesthetist could result in death..The doctor first moved a Sessions Court with an application seeking to be discharged from the case. However, the Sessions Court dismissed the same prompting him to approach the High Court.His counsel contended that even assuming the allegations to be true, the doctor's actions did not satisfy the legal requirements under Section 304 IPC.It was argued that the doctor did not have the knowledge that his act was likely to cause death and that, the case might amount to medical negligence but not culpable homicide.However, the public prosecutor relied on a medical board report which concluded that the child died due to complications from spinal anaesthesia that the surgeon had failed to manage..After analysing the submissions and the materials on record, the Court opined that there was nothing to show that the doctor knew or realised that giving anaesthesia without an anaesthetist could likely lead to the patient’s death.The Court also noted that the doctor was a qualified and experienced medical professional, familiar with anaesthesia procedures. Thus, it found no indication that the doctor acted with the knowledge that his conduct could be fatal."The materials on record do not even prima facie suggest that the petitioner had the degree of knowledge to the extent that his act was likely to cause the death of the child. Doctors with MBBS registration are qualified to give anaesthesia," the Court observed. .The Court, therefore, set aside the order of the Sessions Court and discharged Dr. Rajagopalan from the case..Dr. K Rajagopalan was represented by advocate KP Balagopal. The complainant was represented by advocate Unni Sebastian Kappen.Public Prosecutor EC Bineesh appeared for the State..[Read Order]