Abstract
Medical profession is a noble profession and requires extraordinary care and caution. The complaints of negligence and medical malpractice is not uncommon, however. Law of Torts is invoked for civil remedy for medical malpractice cases in Pakistan. Medical practitioners can be tried under charges of criminal liability too but courts are very reluctant to treat doctors under Pakistan Penal Code and want to contest such cases under civil liability. Following Indian precedent, Pakistan has given the jurisdiction to Consumer Courts too to try such cases. However, it is detestable to include medical services within the scope of consumer laws. Moreover, there is disparity regarding compensation. Thus, it is argued that a separate law should be devised for medical malpractice keeping in view the need and current practices of legal and healthcare systems.
Highlights
Medical profession is considered among the noblest professions
The complaints and grievances may stem from the anguish and pain through which a patient or his/her attendants have to go through or they may be genuinely caused by the negligence and even malpractice of a medical practitioner
In order to better understand the medical malpractice law of Pakistan, it seems apt to have a glance over the healthcare system, where the art of medicine is practiced and from where the malpractice stems out
Summary
Medical profession is considered among the noblest professions. It brings wealth and social prestige to those who practice it but at the same time it has the potential to cause grievances and complaints too. The complaints and grievances may stem from the anguish and pain through which a patient or his/her attendants have to go through or they may be genuinely caused by the negligence and even malpractice of a medical practitioner. Despite the level of trust that the medical practitioners enjoy, the Lahore High Court had noted that: “medical matters require check on the doctors, who may mishandle any person during treatment”.1. This mishandling may either be a result of negligence or malpractice. In order to better understand the medical malpractice law of Pakistan, it seems apt to have a glance over the healthcare system, where the art of medicine is practiced and from where the malpractice stems out
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