Kerala High Court: Nurses should not be routinely arrested in medical negligence cases

The court made the order while considering a petition filed by a nurse accused of medical negligence under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code.

The case was filed after a man complained about the death of his 10-year-old daughter.

The child, who was hospitalized with complaints of diarrhea and vomiting, said that he could be taken home after a while after some medications and tests were performed. However, the child’s fever rose and he died the same day in the hospital.

The court noted that the child was treated by a doctor, but the only person named as a defendant in the case recorded by the police was the nurse.

The child’s father made a statement before the Court stating that he had no complaints against the nurse and that the investigation was poorly conducted to save those actually responsible for the death of his child.

In light of these facts, the Court quashed the case against the applicant but made it clear that the police could take action against other persons whose involvement in the crime was later revealed.