Medical Negligence and Consumer Law III

Posted on by Rudrajyoti Nath Ray

Dr. Harish Kumar Khurana v. Joginder Singh, (2021) 10 SCC 291 held, hospital and doctors are required to exercise sufficient care in treating patients in all circumstances. However, in an unfortunate case, death may occur. It is necessary, sufficient material on medical evidence is available to conclude: death is due to medical negligence.

A medical practitioner is not to be held liable simply because things went wrong from mischance or misadventure or through an error in choosing one reasonable course of treatment in preference to another. In practice of medicine, there could be varying approaches of treatment. However, while adopting a course of treatment, duty cast is, medical protocol being followed to best of skill and with competence. A medical practitioner would be liable only where conduct fell below standards of a reasonably competent practitioner.

– Hon’ble Justice Ajay Rastogi, Dr. (Mrs.) Chanda Rani Akhouri v. Dr. M.A. Methusethupathi, [Civil Appeal No. 6507 of 2009].

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These observations, although made in context of a patient having passed away in course of, or as a result of treatment, nonetheless are essential even in cases where a claimant has suffered an injury.

– Hon’ble Justice Sanjay Karol, Jyoti Devi v. Suket Hospital, [Special Leave Petition (Civil) No. 242 of 2016] decided on 23.04.2024.

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In posterity, this case may a be lesson to students and stakeholders, to have a strong emphasis on legal history and jurisprudence. Percy H. Winfield, ‘Death as Affecting Liability in Tort’, Columbia Law Review, Vol. 29, No. 3 (Mar., 1929) has dark corners. A reference needs to be made to the Five-Judge Bench Judgment of NCDRC in Balbir Singh Makol v. Chairman, Sir Ganga Ram Hospital,  2001 (1) CPR 45.

We conclude, upon death of an alleged medically negligent doctor, his/her legal heirs can be impleaded and brought on record. Consequently, the extent of liability will be determined based on pleadings and evidence presented.

– Hon’ble Justice J.K. Maheshwari, Kumud Lall v. Suresh Chandra Roy (Dead), [Special Leave Petition (Civil) Nos. 33646-33647 of 2018] decided on 04.05.2026.

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'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.