يكڎهن ڊاڪٽر صحيح علاج نه ڪري ۽ مريض فوت ٿي وڃي ته ڊاڪٽر خلاف fir ۽ نقصان جو سول ڪيس به ڪري سگهو ٿا۔( )
S. 1---Limitation Act (IX of 1908), Arts.
36 & 115---Suit for compensation and damages---Limitation---death
of patient due to professional negligence of doctor ---Signing of
consent by patient for conducting his operation by the doctor ---death
of patient on 19-12-2000 and filing of such suit on
23-9-2002---Validity---Discharging duty by a doctor in an improper
manner would constitute an act of `misfeasance'---In absence of contract
between parties, period of limitation under Art. 36 of Limitation Act,
1908 would be two years from date of act of misfeasance---In presence of
contract between parties, period of limitation under Limitation Art.
115 of Act, 1908 for claim of compensation for breach of contract would
be three years from date of such breach---Suit filed on 23-9-2002 within
two years after death was in time.
2011 PLD 117 SINDH
Master ABDUL BASIT
Versus Dr. SAEEDA ANWAR
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