Doctor's legal heirs can be sued for medical negligence after his death, says Supreme Court

The bench said in the context of Rule 4 of Order XXII of CPC, one has to understand and see whether the right to sue against such alleged medically negligent doctor survives or not upon his death.

New Delhi: The Supreme Court on Monday held that legal heirs of a doctor facing allegations of medical negligence can be impleaded and proceeded against even after the doctor's death.

A bench of Justices J K Maheshwari and Atul S Chandurkar answered a question of law in a more than three-decade-old consumer dispute. 

The case pertains to a doctor, now deceased, who operated on a woman in 1990, following which she allegedly lost vision in her right eye.

The court clarified that under the Consumer Protection Act, 1986 (and the 2019 Act), the right to sue does not perish with the death of the alleged negligent doctor. 

Going through provisions under Order XXII Rule 4 of the Code of Civil Procedure and various statutes, including English law principles, the bench ruled that legal heirs can be brought on record. 

The extent of their liability will, however, be determined based on the pleadings and evidence on record.

The court emphasised that the right to prosecute and the right to defend are interlinked, but the statutory framework under consumer laws permits continuation of proceedings against heirs.

Importantly, the bench limited its ruling to interpreting the existing law and refrained from commenting on whether the policy itself needs change.

The court noted that the decision could have wider ramifications for other tortious claims, including personal injury cases arising from motor vehicle accidents and industrial mishaps.

The court observed that tort actions are rarely litigated in India, causing such legal principles to fade into history. 

It suggested that policy experts and the Law Commission examine the need to expand the scope of Section 306 of the Indian Succession Act, 1925, which deals with rights and liabilities of deceased persons.

The original complaint was filed in 1997 by a man from Munger, Bihar, against Dr. P B Lall, alleging deficiency in service. 

His wife, who suffered severe eye pain, underwent surgery at Dr. Lall’s clinic in February 1990 but allegedly lost her vision due to improper treatment. 

The complainant sought Rs 4.5 lakh in compensation. Both the doctor and the original complainant passed away during the prolonged pendency of the case.