Extension of Law of Limitation in Medical Negligence Cases and Applicability of Discovery Rule: Emerging Indian Perspective.

Abstract

Practitioners of medicine have a moral as well as legal obligation to serve their patients to the best of their ability, and in recent years the medical profession throughout the world has affirmed this principle. But where there is negligence of this sacred duty, a claim arises. Most civil claims are governed by the law of limitation, which restricts the time in which a plaintiff can bring a suit. The period of limitation varies depending on the type of claim. One of the exceptions to this law of limitation is the discovery rule. The rule can extend the period of limitation when the harm is not obvious or is latent. This article focuses on the different parameters of the discovery rule and the emerging judicial approach adopted in India.