Law: Punjab Healthcare Commission Act, 2010

Section: XVI,23(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: IX,5

(a)    Punjab Healthcare Commission Act (XVI of 2010)-------S.23(2)---Constitution of Pakistan, Art.199---Medical negligence---Complaint before the Punjab Healthcare Commission (PHC), filing of---Limitation---PHC dismissing the complaint as time barred, challenge to---Worsening of an injury due to medical negligence providing recurring or continuing cause of action, plea of--Scope and applicability---Section 23(2) of the PHC Act, 2010 prescribing a sixtyday limitation computed from the date of knowledge ---Statutory framework---Date of knowledge, determination of---Whether subsequent diagnostic findings or expert opinions of doctors can extend or revive limitation---Brief facts of the matter were that the petitioner underwent a surgical procedure performed by respondent No.3 at Doctor s Hospital, Lahore in September 2018 and was subsequently diagnosed with a rotator cuff tear at the same operative site---As asserted by the petitioner, he approached PHC in June 2021 on the premise that the cause of action was recurring in nature, contending that the injury which had been attributed to the alleged medical negligence not only persisted but had progressively worsened---He further maintained that the complaint was instituted only upon obtaining what he considered conclusive medical evidence substantiating the respondent doctor s negligence---PHC, however, dismissed the complaint as time-barred under S. 23(2) of the Punjab Healthcare Commission Act, 2010 (PHC Act) citing sixty-day limitation period from the date of knowledge of cause of action---Pivotal question requiring determination before the High Court was as to whether, in the circumstances of the present case, the petitioner s asserted cause of action constituted a recurring or continuing cause of action so as to extend the limitation period, or whether the limitation prescribed under S. 23(2) of the PHC Actwas applicable stricto sensu from the date of knowledge? ---Held: In para No. 27 of the complaint the petitioner himself submitted that the cause of action in the instant matter initially accrued on 13.09.2018 when the negligent surgery was performed by respondent doctor, thereafter,…