Is there a limitation for filing of a complaint? |
Medico Legal Corner
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Is there a limitation for filing of a complaint?
Dr KK Aggarwal and Ms Ira Gupta,  28 February 2018
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Limitation is the time period within which a complaint has to be lodged. If this time lapses and no complaint has been lodged then it is treated as “Time Barred.” However, in many laws there is a provision empowering the authority/court to condone the delay if the complaint is lodged beyond time. This depends on the facts of each case.

As per MCI, indoor records are required to be kept only for three years. Therefore, any complaint made after three years needs to 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.

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