Can medical negligence case against deceased doctor continue? Supreme Court to examine
Supreme Court of India
New Delhi: While hearing a plea in a long-pending medical negligence case, the Supreme Court of India has decided to examine whether a consumer complaint against a doctor can continue after the concerned doctor's death during the proceedings and whether compensation can be recovered from the legal heirs of the doctor.
The matter came up before the division bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar in a special leave petition filed by Kumud Lall against the order of May 24, 2018, passed by the National Consumer Disputes Redressal Commission.
The case is related to a consumer complaint filed against the doctor alleging medical negligence. The complaint was initially allowed by the District Consumer Disputes Redressal Forum. However, the State Consumer Disputes Redressal Commission later set aside that order.
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During the pendency of the revision petition before the National Consumer Disputes Redressal Commission (NCDRC), the doctor died. Subsequently, the complainant, the person against whom the negligence has been alleged, has also died.
The apex court noted that the case arose when the Consumer Protection Act, 1986, was in force, which has now been replaced by a new Act. In this situation, the Supreme Court said it needs to examine what would happen to such a complaint when the person accused of negligence has died.
Following this, the bench observed that in cases of negligence, the estate of the deceased person may be liable for compensation through legal heirs.
"However, in such circumstances, as per the provisions of the new Act, what would be the fate of the complaint may be looked into. It has to be addressed that for the negligence by a person, the estate of such person may be liable for compensation through legal heirs," observed the bench.
Since the issue has wider legal implications, the Court appointed senior advocate Raghenth Basant and advocate Varun Kapoor as Amicus Curiae to assist the Court.
The Court directed that relevant documents be supplied to the Amicus Curiae, who will file a brief note before the next hearing.
To view the official court order, click on the link below:
