Don’t arrest nurses without seeking expert advice in plaints alleging medical negligence: Kerala HC

Kochi: The Kerala High Court has directed the police not to arrest any nurse before obtaining expert advice in complaints alleging medical negligence. The investigating officer should proceed with legal measures only after seeking the opinion of an impartial doctor, said the court. “No arrest should take place based solely on a complaint,” said Justice P V Kunhikrishnan, who also asked the state government to issue an order in this regard within three months.

The High Court directive came while quashing a case registered against a nurse at Cherthala Taluk Hospital over culpable homicide. The case related to the death of a 10-year-old child due to diarrhoea and vomiting at the hospital in 2013. 

Based on a Supreme Court order, the government issued a circular on June 16, 2008, explaining the procedures to be followed by the police while investigating complaints against doctors. The Supreme Court said that expert medical opinion should be sought before legal action against doctors was initiated. The High Court has now directed the government to provide similar protection to nurses.

The court pointed out that nursing professionals are the backbone of the medical sector. They spend more time with patients than doctors. The dedication of nurses who work day and night and their willingness to carry out their duties under all circumstances should be recognized, said the court. 

However, while quashing the case against the nurse who filed the plea before it, the court also said that the investigators could proceed with legal measures if they find lapses on the part of anyone involved in the incident where a child’s life was lost.