Kerala High Court Rules Prescribing Medicine Over Phone Not Criminal Negligence
Ernakulam, May 23: In a significant ruling, the Kerala High Court has held that prescribing medicines over the phone does not amount to criminal negligence, reinforcing established legal protections for medical professionals in the absence of gross misconduct or incompetence.
The case involved a gastroenterologist from a private hospital in Ernakulam, who faced charges of criminal negligence following the death of a renal transplant patient on May 26, 2012. The patient, under treatment for a gastrointestinal issue, showed signs of distress late at night. The on-duty nurse contacted the doctor, who had treated the patient just five days earlier. Relying on the patient’s medical history, the doctor advised medication over the phone and recommended lab tests to assess kidney function.
The patient was later shifted to the Nephrology ICU, where he passed away due to renal failure. The prosecution argued that the doctor’s failure to insist on an immediate nephrology consultation amounted to criminal negligence and potentially contributed to the patient’s death.
However, Justice G Gireesh, while allowing the doctor’s petition to quash the case, ruled that criminal charges cannot be applied to every adverse medical outcome. He observed that the doctor’s actions were based on prior care and included reasonable steps such as ordering further tests.
“Only in cases of gross incompetence or blatant disregard for patient safety can criminal liability be considered,” the court said, noting that none of the expert medical panels found the doctor’s prescription to be inappropriate or negligent.
The court further emphasized a key principle laid down by the Supreme Court of India: doctors can only be held criminally liable if their conduct falls significantly below the standards expected of a reasonably competent medical professional.
The judgment stressed that poor outcomes or errors in judgment do not automatically amount to criminal negligence under Section 304A of the Indian Penal Code. It warned that criminalizing every unintended consequence could lead to defensive medical practices, ultimately harming patient care and damaging the doctor-patient relationship.
The ruling is seen as a reaffirmation of legal safeguards for medical professionals and a reminder that medical decisions must be assessed based on context, intent, and reasonable care — not solely on outcomes.
