Medical Negligence in Pakistan and the 60-Day Rule

In the complex landscape of medical negligence law in Pakistan, timing is not merely a procedural detail it is often the deciding factor between obtaining justice and having a case dismissed before it is even heard.

A judgment by the Lahore High Court, Dr. Talal Khurshid Bhatti v. The Punjab Healthcare Commission and others (2025) 2026 PLD 1, provides a critical clarification on limitation periods and what constitutes the "date of knowledge" for victims of medical malpractice in Pakistan.

Overview

The petitioner, a medical doctor, underwent a surgical procedure in September 2018. Following complications and a subsequent surgery in October 2019 to remove an “IM Nail,” it was discovered that he had suffered a rotator cuff tear. Despite the injury occurring in 2018–2019, the complaint was not filed with the Punjab Healthcare Commission (PHC) until June 2021 nearly 31 months after the initial surgery.

The PHC dismissed the complaint as time-barred, a decision subsequently upheld by the Lahore High Court.

The 60-Day Limitation Period under PHC Act

Under Section 23(2) of the Punjab Healthcare Commission Act, 2010, a medical negligence complaint must be filed within sixty (60) days, computed from the "date of knowledge" of the alleged negligence.

The petitioner argued that his cause of action was "recurring" or "continuing" because his injury was progressively worsening and causing daily distress. He further argued that the limitation period should only begin once he obtained conclusive medical evidence or expert opinions substantiating the negligence.

Key Legal Takeaways from Bhatti v. PHC

The Lahore High Court’s judgment established several vital principles for medical negligence claimants in Pakistan:

Knowledge vs. Expert Opinion: The court clarified that subsequent diagnostic findings or expert opinions do not extend or revive the limitation period. If a patient is aware of the harm suffered, they cannot delay filing to gather expert reports.

Recurring Cause of Action: The court rejected the argument that a worsening injury provides a continuing cause of action. Since the petitioner, being a doctor, was aware of the harm shortly after the surgeries, the limitation period applied strictly from those dates.

Condonation of Delay Is Not a Right: Under Section 5 of the Limitation Act, 1908, the condonation of delay requires demonstrating “sufficient cause.” It is not a matter of right and depends on judicial discretion.

Why the Judgment Matters for Medical Malpractice Victims

This case serves as an important reminder that Pakistan’s medical negligence laws are strictly time-bound. Whether you are a healthcare professional or a patient, once you become aware of a medical error or injury, the limitation clock starts ticking.

Relying on the notion that an injury is still "worsening" will likely not be enough to extend the 60-day filing period before the Punjab Healthcare Commission.

How BAK Chambers Can Assist with Medical Negligence Claims

Navigating the intricacies of the Punjab Healthcare Commission Act requires precision and timely action. At BAK Chambers, we specialise in negligence, healthcare law, and patient rights litigation.

Our firm provides comprehensive services for both patients and healthcare professionals, including:

Case Evaluation: Determining the exact “date of knowledge” to file within the 60-day period.

PHC Representation: Drafting, filing, and arguing complaints before the Punjab Healthcare Commission.

Civil Litigation: Pursuing damages in civil courts where lawful.

Condonation Applications: Preparing strong applications when a delay has occurred due to sufficient cause.

Don’t lose your right to justice due to a procedural delay. If you or a loved one has suffered due to medical negligence in Pakistan, contact BAK Chambers for trusted, experienced legal guidance.

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