Kerala High Court Appoints Amicus Curiae To Formulate Guidelines For Functioning Of Expert Committee Examining Medical Negligence Cases

Expert Committees are constituted to give independent medical opinion in cases of medical negligence. The Supreme Court in Jacob Mathew v State of Punjab (2005) had ordered that an investigating officer before proceeding against a doctor for rash or negligent act or omission should obtain an independent and competent medical opinion. A doctor who was alleged of negligently causing the death of his patient approached the High Court raising issues with the Expert Committee so constituted. As per him, he was neither heard by the Committee not did he get a copy of the Committee's report.

The Court was informed by the ADGP that at present there was no guidelines in place regarding the manner in which the Expert Committee is to function. Justice V. G. Arun opined that this will adversely affect the right of fair trial of doctors. The Court observed that it is fundamental to hear the doctor before submitting a report and give a copy of the report to him.

Apart from the amicus curiae, the Court has also invited suggestion regarding the manner of formulating the guidelines from the counsel of the petitioner and ADGP.

The matter will be further heard on 14^th July.

Case Title: Dr. Mohammed Rizwan T. v State of Kerala and Another

Case No: Crl.MC 3414 of 2025