Kerala HC Rules Failure to Conduct Pre-Anaesthetic Check-Up Gross Negligence, Denies Relief to Anaesthetist

Edusehat

April 11, 2026 - 21:40

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Kerala HC Rules Failure to Conduct Pre-Anaesthetic Check-Up Gross Negligence, Denies Relief to Anaesthetist

Observing that failure to conduct a pre-anaesthetic check-up amounts to gross negligence, the Kerala High Court recently denied relief to an anaesthetist booked under Section 304 A of the Indian Penal Code (IPC).

Referring to the findings of the post-mortem report and the expert panel, the HC bench comprising Justice G. Girish observed, "...the findings in the postmortem report, as well as the report of the expert panel, are to the effect that the surgery of the deceased lady was conducted without pre-anesthetic check-up which the petitioner was bound to conduct before proceeding with the application of anesthesia upon her. If it is found that no pre-anesthetic check-up was done upon the deceased lady, it would definitely point to gross negligence on the part of the petitioner."

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Failure to conduct pre-anaesthetic check-up is gross negligence: HC refuses relief to anaesthetist booked under IPC 304A

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