Medical Negligence in Pakistan

When we go to a Medical Practitioner, we expect the utmost Level of Professionalism and Service. On occasions, these standards may slip, or fall drastically; That’s where you would need Medical Lawyers for Medical Negligence Cases in Pakistan. Enshrined in Law (Constitution of Pakistan 1973, Human Rights Act 1998, etc.) is equality for all, which means that Medical Practitioners (Doctors, Nurses, Dentists, etc.) are not immune from Prosecution on Criminal Charges.

Why pursue a Medical Negligence Case with a Medical Lawyer in Pakistan?

Medical Negligence, unfortunately, is very common in Pakistan. We understand the impact that an act of medical negligence, no matter the severity, can have on a victim. After all, a patient is a claimant who was owed a level of Duty and Care that they never received from a Medical Professional.  In such cases, a recommendation to issue FIRs may be ordered by the Judge, and the claimant may be entitled to Compensation.

Different Kind of Medical Negligence Cases

Any patient who has been mistreated by a Medical Professional may be entitled to file a case and be awarded damages and compensation, cases can be (but are not limited to):-

• Birth Injury Claims
• Stillbirth Compensation Claims
• Hospital Negligence Claims
• Orthopedic Claims
• Accident and Emergency Claims
• MRSA Claims
• Contamination of Evidence / Samples Claims
• Pressure Sore Claims
• Medical Misdiagnosis Claims (Whether Incorrect, Missed or Late Diagnosis)
• Surgery Compensation Claims
• Amputation Negligence Claims
• Anesthetic Claims
• Cosmetic Surgery Claims
• Eye Surgery Claims
• Hair Surgery / Transplant Claims
• Gynecological Surgery Claims
• Spinal Surgery Claims
• Gastroenterology Claims
• Blood Transfusion Claims
• Nerve Damage Claims
• Mis-prescription of Medicine / Treatment Claims
• Dental Negligence Claims
• Cosmetic Dental Claims
• Nerve Injury Claims
• Oral Cancer Claims
• Periodontal Disease Claims
• Restorative Dentistry Claims
• Cancer Misdiagnosis Claims
• Meningitis Claims
• Claims made against Practice by GP
• Fatal Medical Claims and Inquests / Autopsy
• Stroke / Heart-attack claims
• Diabetes Malpractice and Mishandling Claims
• Failure to Prevent Self-Harm / Suicide Claims

A Guide to Filing a Medical Negligence Case in Pakistan

Medical negligence can have devastating consequences for patients and their families. In Pakistan, legal recourse exists for those who have suffered due to such negligence. Understanding the process and relevant laws empower individuals to seek justice and hold medical professionals accountable.

Grounds for a Medical Negligence Claim:

Pakistani law recognizes various grounds for medical negligence claims, including:

• Misdiagnosis or delayed diagnosis: Failure to accurately diagnose a patient’s condition or delayed diagnosis leading to worsened outcomes.
• Improper treatment: Administering incorrect medication, performing substandard procedures, or failing to provide necessary treatment.
• Lack of informed consent: Failing to clearly explain risks and alternatives before obtaining a patient’s consent for procedures.
• Hospital/staff negligence: Inadequate maintenance of equipment, negligent actions of hospital staff causing harm, or administrative shortcomings leading to patient injury.

Evidence Gathering and Legal Options:

Building a strong case requires meticulous evidence gathering. Medical records, doctor’s notes, lab reports, and expert opinions from other medical professionals can be crucial. Consulting with a qualified lawyer experienced in medical negligence cases is essential, as they can navigate the legal complexities and advise on potential legal options:

• Filing a lawsuit: Seeking compensation for damages and losses incurred due to negligence, including medical expenses, lost income, and pain and suffering.
• Complaint with the Pakistani Medical and Dental Council (PMDC): The regulatory body for medical professionals can investigate complaints and impose disciplinary actions, including license suspension.
• Criminal complaint: In extreme cases, if negligence led to a patient’s death, a criminal complaint may be filed under relevant sections of the Pakistan Penal Code.

Step-by-Step Guide:

1. Consult a medical negligence lawyer: Discuss your case and gather expert guidance on the most suitable legal path.
2. Gather evidence: Compile medical records, reports, and any other relevant documentation.
3. File a complaint: Depending on your chosen legal option, file a civil lawsuit, a complaint with the PMDC, or a criminal complaint with the police.
4. Pre-trial procedures: The court may order witness statements, expert opinions, and medical record reviews.
5. Trial and judgment: Both parties present their arguments and evidence before the court, which then issues a judgment.
6. Appeal: If dissatisfied with the verdict, either party may appeal to higher courts.

Important Laws:

The legal framework for medical negligence in Pakistan primarily rests on:

• Tort Law: Establishes principles of civil liability for negligence causing harm.
• Pakistan Medical and Dental Council Act 1962: Empowers the PMDC to investigate and address professional misconduct by medical practitioners.
• The Constitution of Pakistan, Article 9: Guarantees the right to life and equality before the law.