The limitation period for filing a medical negligence case in India is generally two years from the date of the alleged negligence or from when the cause of action arises. Details: Under the Limitation Act, 1963, Article 54 of the Schedule applies to torts including medical negligence. The cause of action is the date when the injury or harm is discovered, not necessarily the date of treatment. This is important because medical negligence may be discovered later. In cases involving minors or persons with disabilities, the limitation period may be extended accordingly. Sometimes courts apply the principle of “latency” or “delayed discovery” — the clock starts ticking only when the negligence is discovered or ought to have been discovered. Practical Note: It is advisable to file the complaint as early as possible because delays may be challenged by the defense. In Consumer Protection cases (where medical negligence complaints are often filed), the Consumer Protection Act also prescribes a two-year limitation period. Summary: Two years from the date of negligence or from when the negligence is discovered is the typical limitation period for medical negligence claims in India.

Dear Client, In India there is typically a two-year statute of limitations for bringing a medical negligence case. This time frame usually starts on the day the cause of action occurs. In real life this usually refers to the date that the patient learned of the harm or injury brought on by the negligence or the date that the alleged negligent act or omission occurred. The Discovery Rule plays a key role in medical negligence cases. This regulation recognizes that medical malpractice may not always result in immediate harm. Hence the two-year statute of limitations may be regarded as beginning on the day the patient learned of the injury or could have learned of it with reasonable diligence if the injury or negligence is not immediately known. In situations where the negative consequences of carelessness appear much later this offers some flexibility. This two-year period must be followed. It is likely that the courts or consumer forums will reject a medical negligence complaint as time-barred if it is filed after this point. The rule is strict though there may be a few exceptional cases or situations that could support a delay. Therefore in order to understand their rights and make sure their case is filed within the allotted time frame anyone who believes they have been the victim of medical negligence should get legal counsel as soon as possible. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.