Limitation refers to the time period within which a complaint must be lodged. If this time lapses and no complaint is lodged, it is treated as “Time Barred.” However, in many laws, there is a provision empowering the authority/court to accept the delay if the complaint is lodged after the time has lapsed. This depends on the facts of each case.

According to the MCI, indoor records need to be kept for a period of 3 years.

Any complaint made after three years will be rejected by the Enquiry Committee. There are many Delhi Medical Council orders where complaints filed after three years of the incident have been rejected.

MCI Act: 1.3. Maintenance of medical records: 1.3.1 Every physician shall maintain the medical records pertaining to his/her indoor patients for a period of 3 years from the date of commencement of the treatment in a standard proforma laid down by the Medical Council of India and attached as Appendix 3.

In Consumer Courts, the complaint should be filed within two years of the incident.