Answer By law4u team
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.
