Medical Negligence in Pakistan

Introduction

• Medical errors and negligence are frequently reported in the media.

• However, actual accountability remains rare.

• Unlike other professions, negligence in medicine often results in life-altering consequences or even death.

Legal Framework for Medical Negligence

• Three pathways for redressal:

  • Civil liability (damages)

  • Criminal prosecution

  • Disciplinary action by regulatory bodies

• Primary regulatory authorities:

  • Pakistan Medical Commission (PMC)

  • Provincial Healthcare Commissions (post-18th Amendment)

Civil Liability – The Litigant’s Struggle

• Victims may file civil claims through consumer courts or high courts.

• Three-stage test to establish negligence:

  1. Duty of care existed.

  2. Breach of that duty occurred.

  3. Breach directly caused injury or damage.

• Most cases fail due to challenges in proving the second and third stages.

 Why Most Claims Collapse

• Patients lack access to critical medical records and information.

• No clarity provided on:

  • Medical condition and its severity.

  • Treatment options offered.

  • Qualifications of the healthcare providers.

  • Medications administered and reasons for use.

• Patients are expected to present scientific evidence—nearly impossible without expert support.

Real-Life Scenarios Ignored

• Paralyzing surgical errors.

• Use of biased lab reports for surgery approvals.

• Overprescription of drugs driven by pharmaceutical sales targets.

• Unwarranted C-sections causing lifelong health issues.

• These remain largely unpunished under current laws.

 The Need for Reform

• Reliance on administrative remedies leaves victims without meaningful justice.

• Legal framework lacks alignment with international best practices (e.g., UK’s objective standard test).

• No judicial recourse or compensation under current healthcare commission structure.

 Way Forward

• Law must evolve:

  • Define clear, objective standards for healthcare delivery.

  • Remove protectionist barriers like Section 29 of SHA 2013.

• Systemic change needed:

  • Improve access to information for patients.

  • Strengthen legal aid and expert support in negligence cases.

  • Introduce judicial oversight for healthcare commission decisions.

Conclusion

• It’s not just about changing laws—it’s about enforcing them effectively.

• Justice in medical negligence cases requires:

  • Accessible courts.

  • Speedy trials.

  • Fair outcomes.

• Until then, negligent medical practices will continue with impunity