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Medical negligence claims can be pursued against a deceased doctor’s heirs, says SC

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The Supreme Court has ruled that compensation claims in medical negligence cases can be pursued against the legal heirs of the deceased doctor, provided that the liability is limited to the inheritance inherited by them.

A Bench of Justices J K Maheshwari and AS Chandurkar observed that claims relating to personal injury do not survive the death of a party, but claims relating to pecuniary liability can still survive against the surviving estate.

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