India: Professional Negligence

In a significant ruling, the Supreme Court in Kumud Lall v. Suresh Chandra Roy held that the death of an alleged negligent doctor does not automatically extinguish a medical negligence claim against him. The Court held that claims relating to medical expenses and other pecuniary losses may survive against the deceased doctor's estate, whereas purely personal claims (against causing pain and suffering and other personal injuries) may not survive.

In a case that reinforces a well-settled tort law principle, the Supreme Court of India declined to interfere with a Karnataka High Court decision holding that the legal heirs of a person who dies due to their own rash...

To declare any act as a criminal offence, it must consist of two elements - Actus Reus (a guilty act) and Mens Rea (intention or knowledge of wrong-doing).