Kerala HC Refuses To Quash Criminal Case Against Lab Technician For 'Endangering Life' By Deviating From Test Method Prescribed By Doctor

The Kerala High Court has held that a lab technician can be held liable for negligence if they deviate from the test prescribed by the doctor on the ground that the test so prescribed was unavailable in their lab. Consequently, the Court refused to quash the final report alleging offence punishable under Section 336 IPC against a lab worker, who conducted the Elisa Test by 'Particle Gel Immuno Assay' method, instead of the 'Hit Antibody Test' method on complainant's mother. When construing the overt act in the above compass, it emerges that the act of the petitioner herein would satisfy the ingredients to attract the offence under Section 336 of IPC as argued by the learned Public Prosecutor, negating the contentions raised by the learned counsel for the petitioner.” The allegation is that the accused conducted the Hit Antibody Test by Particle Gel Immuno Assay method, instead of Elisa method rashly and negligently, contrary to the doctor's prescription to endanger the life of the complainant's mother as per Section 336 of the IPC. The Petitioner contended that merely conducting Elisa Test by using Particle Gel Immuno Assay method instead of using the Hit Antibody Test by itself would not attract an offence under Section 336 of the IPC. The Court highlighted that the Elisa Test, performed by the petitioner using the Particle Gel Immuno Assay method, returned a negative result, whereas the Hit Antibody Test, conducted under the doctor's instruction, yielded a positive result.